
vin13
02-12 09:11 AM
Would you mind asking source/link for "another 13,000 shifted over"?
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
How difficult is it for you to understand. I did not advice. I just said this is the info...
I was not judging anyone. I do not claim to know all the numbers. So i just put it out there for someone to look and evaluate. Now many are saying based on the numbers, there was no spillover wasted. That is fine.
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
How difficult is it for you to understand. I did not advice. I just said this is the info...
I was not judging anyone. I do not claim to know all the numbers. So i just put it out there for someone to look and evaluate. Now many are saying based on the numbers, there was no spillover wasted. That is fine.
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ita
01-31 12:24 PM
desi3933,
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
makemygc
07-05 12:54 PM
Spciy thread?? This is not spicy. This is serious stuff. I am not the OP, but the subject of the thread might be spicy to some folks. This discussion has come so many times. Atleast now we see that we have equal number of people split on both sides.
Assume you make it paid. Then what. We will have maximum 400-500 users and you want to go and lobby or fight with congress with that much number of users. I still do not understand why this thread is still active. Well my post is going to bump it up so I'll not respond to this post any more. Lets focus on other drives as suggested by pappu. We are just waiting too much time discussing fruitile things.
Assume you make it paid. Then what. We will have maximum 400-500 users and you want to go and lobby or fight with congress with that much number of users. I still do not understand why this thread is still active. Well my post is going to bump it up so I'll not respond to this post any more. Lets focus on other drives as suggested by pappu. We are just waiting too much time discussing fruitile things.
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Jelena
07-14 08:23 AM
Yes, this letter is a bit late but it's still very well-written an exactly to the point. I couldn't help but nodding all the way through.
My lawyer (company's lawyer, to be exact) didn't even bother telling me about either July bulletin or July 2nd fiasco - I found about it in the Internet.
My lawyer (company's lawyer, to be exact) didn't even bother telling me about either July bulletin or July 2nd fiasco - I found about it in the Internet.
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gondalguru
07-07 06:57 PM
Congrates to all who got approved with PD of 2004. Feels good to know that EB2 india with PD 2004 (Jan to March) getting approval.
gc_wow
02-28 01:33 PM
Commodity prices like crudeoil,steel,wood used in construction are at lowest since a decade.The commodity prices will not go back to 2006 levels not in near future,so already constructed houses have lost almost 70% value in them.Bail out or another help will not sort this issue.Only free market has to solve the issue.For housing to get to 2006 levels there should be huge housing boom in China,India where they have huge populations.People in India are poor so they cant afford a house even if they want one.China wont spend they are intersted in buying US treasuries.So the only option for the bank is to write off these houses.Govt help for home owners will be only a drop in the ocean.
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ramaonline
04-22 04:05 PM
I attended the meeting and was there until 6:30 pm - The latinos were present in full strength, and some were distributing handouts to oppose the STRIVE bill.
The banners put up by illegal immigrants were more prominent than the lone banner which one of our members had brought. One banner was for the bill and another against the bill.
Our members asked a few questions, but the majority were posed from the illegal immigrant community and was about raids, deportation, family etc. Regardless, Title V is what matters to us and if the bill passes, Title V passes so we must support the bill as this is the only bill other than SKIL which addresses issues facing legal immigrants. In case the bill runs into a roadblock I hope the congressman can take Title V out of the bill and introduce a new bill for legal immigrants.
The Congressman also said he has the support of 180 democrats in the House and it takes 218 members to get the bill passed. He requested us to call local republican congressmen/women & get their support for the bill.
Note that this bill also allows u to file ead/485 even if a visa number is not available by paying an extra $500.
Check this link for the title 5 text
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1645
The banners put up by illegal immigrants were more prominent than the lone banner which one of our members had brought. One banner was for the bill and another against the bill.
Our members asked a few questions, but the majority were posed from the illegal immigrant community and was about raids, deportation, family etc. Regardless, Title V is what matters to us and if the bill passes, Title V passes so we must support the bill as this is the only bill other than SKIL which addresses issues facing legal immigrants. In case the bill runs into a roadblock I hope the congressman can take Title V out of the bill and introduce a new bill for legal immigrants.
The Congressman also said he has the support of 180 democrats in the House and it takes 218 members to get the bill passed. He requested us to call local republican congressmen/women & get their support for the bill.
Note that this bill also allows u to file ead/485 even if a visa number is not available by paying an extra $500.
Check this link for the title 5 text
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1645
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i4u
04-26 10:25 AM
Hi,
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
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alisa
01-18 10:10 PM
just sent it to you
wasn't sure i could put a file here
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
wasn't sure i could put a file here
The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.
Please add more facts, figures, numbers.
There are around 147,000 employment based Visa number available every year.
Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
This 1470 will be divided between EB1, EB2 and EB3 category
That means every category will get 490 Visa Number.
USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
Total GC application pending with USCIS is around 1MM.
In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.
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coopheal
05-07 04:41 PM
What is the next step? Do I need to follow up with another letter?
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.
Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).
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actaccord
02-02 07:10 PM
most of the Cherry Blossom related rush will be only on weekends. April 4th and 5th falls on weekday so we have to face traffic and rush related to weekday. Also, 4th is Monday which is little less traffic (no to great extend though) due some federal people gets deferred workday. But for sure Tuesday (April 5th ) will be super rush day, all we need to do is plan to get in after morning rush hour and get out before/after evening rush hour.
Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.
National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)
Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.
National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)
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ajthakur
07-14 06:24 PM
Thanks Ramba. I appreciate your positive comments. I guess the only doubt now is to find out a way whether employer had revoked my 140 before 180 days? If they didnt I am 100% safe now.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
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WAIT_FOR_EVER_GC
07-13 03:44 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
Why did you not open an SR. I was in the same situation, my company replied back to the RFE and the status still says we recieved your RFE. I opened an SR to find out my position this March, they said they are waiting for visa to get current.
Try opening an SR and just find status.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
Why did you not open an SR. I was in the same situation, my company replied back to the RFE and the status still says we recieved your RFE. I opened an SR to find out my position this March, they said they are waiting for visa to get current.
Try opening an SR and just find status.
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VivekAhuja
09-18 02:17 PM
Reading the posts about the economy has just shown me how ignorant many of the IV members are.
The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.
While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.
No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.
There is no need to panic, pack and run.
Let the economy go through it's colon flush.
The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.
While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.
No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.
There is no need to panic, pack and run.
Let the economy go through it's colon flush.
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hpandey
06-10 12:58 PM
@hpandey : I dont think that this is any "racist" amendment. I think this amendment is more geared towards the perception that Microsoft (US) (and the simmilars) when firing ppl in US fire citizen and "hire" (H1B ppl immediately). I think if at all it needs improvement on what they mean by "same title" as within the same title people skills/trade would be different.
I think it is racist because accordinging to Mr Grassley H1B= Indians .. that is how short sighted he is.
Just think how many Indians and chinese would be affected and how many from ROW. What is it if not racism\discrimination whatever you might want to call it.
If he thinks his amendments are going to bring jobs to America he is really ignorant of how the world works. If his idea is that these hundreds of thousands of H1b and AOS people are just going to pack up their bags and leave their jobs behind he is mistaken. Not everyone does a job in which he can be fired on Friday and on Monday someone else can replace him. A lot of us do jobs which cannot be replaced easily .
I think it is racist because accordinging to Mr Grassley H1B= Indians .. that is how short sighted he is.
Just think how many Indians and chinese would be affected and how many from ROW. What is it if not racism\discrimination whatever you might want to call it.
If he thinks his amendments are going to bring jobs to America he is really ignorant of how the world works. If his idea is that these hundreds of thousands of H1b and AOS people are just going to pack up their bags and leave their jobs behind he is mistaken. Not everyone does a job in which he can be fired on Friday and on Monday someone else can replace him. A lot of us do jobs which cannot be replaced easily .
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snathan
02-12 02:21 PM
hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
Most of the time, Ron never gives any proof for his statements. Its only a fantasy or fiction.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
Most of the time, Ron never gives any proof for his statements. Its only a fantasy or fiction.
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kaisersose
02-20 05:31 PM
I had done some calculations long ago, it guestimated that 5~6% of people are registered with traciitt.
One guy recently posted on that out of 30 AOS applicants in his company only 2 had entered their info on .
That would be 6.67% Which is close to the results of your calculations.
One guy recently posted on that out of 30 AOS applicants in his company only 2 had entered their info on .
That would be 6.67% Which is close to the results of your calculations.
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cool_guy_onnet1
02-21 10:29 AM
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
Not that i want to. just out of curiosity. thanks
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
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rimzhim
01-28 11:04 AM
I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agreed with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
I understand your plight, but then the solution is to put a country cap to H1. Also, I respectfully disagree with comparing your situation in regards to caste etc in your country to country-cap based quotas in the US. This has only happened because the number of H1s for many years exceeded the number of GCs allowed every yr. The US does believe in some diversity which is why they have affirmative action, and the country cap has been imposed in the same spirit. Affirmative action will not go away from the US even if it is, as you say, same thing as caste-based reservations in your home country. I agree: there should be a country cap on H1 also and the total number of H1 per yr should never exceed the number of GCs per yr.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agreed with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
I understand your plight, but then the solution is to put a country cap to H1. Also, I respectfully disagree with comparing your situation in regards to caste etc in your country to country-cap based quotas in the US. This has only happened because the number of H1s for many years exceeded the number of GCs allowed every yr. The US does believe in some diversity which is why they have affirmative action, and the country cap has been imposed in the same spirit. Affirmative action will not go away from the US even if it is, as you say, same thing as caste-based reservations in your home country. I agree: there should be a country cap on H1 also and the total number of H1 per yr should never exceed the number of GCs per yr.
knacath
10-31 09:14 PM
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franklin
09-19 11:40 PM
Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.
It makes no sense to through that away
It makes no sense to through that away