ajthakur
07-14 05:07 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
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saravanaraj.sathya
03-10 03:02 PM
There is nothing to worry. You should be fine. IT does not really depend on your specific skills. If you move to another position as systems analyst with diferent technical skills it should not matter. So long as you are in the same/similar occupation as defined in ONET job code.
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
Ve fun
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
pbuckeye
02-12 03:06 PM
What advertisement? I was just trying to see if there was any truth in "he who shall not be named" 's assumption. I am convinced of the facts now, which was the point to begin with. Does every post have to be part of an agenda (too much Zee TV watching )?
thanks to kumarc123 for bringing some comic relief to this wound up thread.
P.S. The Zee TV bit was a joke, I am not an advertiser for that channel as well.
thanks to kumarc123 for bringing some comic relief to this wound up thread.
P.S. The Zee TV bit was a joke, I am not an advertiser for that channel as well.
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pappu
06-10 03:50 PM
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out.
Please post this link on other forums and mail to friends asking them to join this action item.
Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out.
Please post this link on other forums and mail to friends asking them to join this action item.
Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions
more...
mbawa2574
02-17 09:02 AM
don't worry my friend.. it's not u.. that dummy has been using this fascist style of discussion on all threads
just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)
Since you support racism, looks like fascism is in your blood. Looks like you belong either to some neo-nazi fascist gutter country or u got some relationship with nazis. No mentally stable person can support racism. Again this is a forum which has a Indian and Chinese majority. We will kick your ass if you offend them with your damn racism or white power mentality.Now go and crawl in your gutter you cockroach.
just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)
Since you support racism, looks like fascism is in your blood. Looks like you belong either to some neo-nazi fascist gutter country or u got some relationship with nazis. No mentally stable person can support racism. Again this is a forum which has a Indian and Chinese majority. We will kick your ass if you offend them with your damn racism or white power mentality.Now go and crawl in your gutter you cockroach.
psaxena
11-17 06:25 PM
And you are a perfect desi... who wants to get everything without giving anything and to add on to that provoke others and distract them.
Nothing is free, and nothing will happen over night. It takes time and political to get these things done.
Think for a second ..
how many members are there on IV = More than 30000
How many donate = less than 200 give or take
How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone
Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.
So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
Nothing is free, and nothing will happen over night. It takes time and political to get these things done.
Think for a second ..
how many members are there on IV = More than 30000
How many donate = less than 200 give or take
How many yell and suggest and expect that core will leave everything and start working on the suggestion = Everyone
Now if you are in this situation , where you are not even responsible to do anything for anyone(like desi politician)... would you even do what IV is doing? No, forget that you won't even think of creating IV.
So you know my next sentence.. keep it low and be out .. or sober up and get in line and be the one to do the right thing so that you can look into your eyes in the mirror next time.
IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.
like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.
So i think we should pursue alternate reliefs with immediate effect.
just my 2cents.
more...
amitjoey
02-15 02:20 PM
I don\'t want to stand in line three times longer just because 60 percent of the applicants are natives of one country. Look what\'s going on with H-1B. There is no per-country quota and ROW is simply screwed.
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
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coolmanasip
07-24 10:08 AM
60 days...period of authorized stay.....check with the international advisor in school......
more...
jerez_z
03-12 08:41 PM
It was a hard choice between Thirdworldman and Eilsoe... I had to go with Third cause his lighting was cool, and the setup was nice.
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delax
07-13 08:19 AM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
more...
cygent
03-21 04:35 PM
Hello all,
How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?
Thanks!
How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?
Thanks!
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addsf345
12-10 03:31 PM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
stop crying, our real problem is unfair country quota & retrogression. Help IV fight for our common goals.
I can't help but think about this story after reading your post.
A fox, upon failing to find a way to reach grapes hanging high up on a vine, retreated and said: "The grapes are sour anyway!" The moral is stated as "It is easy to despise what you cannot get". ;)
stop crying, our real problem is unfair country quota & retrogression. Help IV fight for our common goals.
I can't help but think about this story after reading your post.
A fox, upon failing to find a way to reach grapes hanging high up on a vine, retreated and said: "The grapes are sour anyway!" The moral is stated as "It is easy to despise what you cannot get". ;)
more...
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anshuman
01-09 10:15 AM
most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?
What are the steps to be followed and things to watch out for in selecting a desi consultant?
Join Satyam computers, the one stop shop for all your body shopping needs. :D: They will do whatever it takes to get you a green card, by hook or crook.
What are the steps to be followed and things to watch out for in selecting a desi consultant?
Join Satyam computers, the one stop shop for all your body shopping needs. :D: They will do whatever it takes to get you a green card, by hook or crook.
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Dakota Newfie
07-03 11:27 AM
I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
more...
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genius
11-21 08:51 PM
Guy..i am just too tired of waiting ...but will still keep working towards it...
i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.
Thanks in advance.!!
i wanted some suggestions...my laywer screwed up my H1B by putting up a wrong start date due to which my application was returned by USCIS and I cud not make it FY 2007.I am currently on my OPT which expires in May 2007.I was wondering whether there was a way other than coming back on F1.
Thanks in advance.!!
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chanduv23
11-11 12:59 PM
IV needs funds for lobbying. So rajuram - please start a campaign to collect funds for lobbying. You can be the first contributor. You can help in all ways, by lobbying, media, funding and driving threads to collect funds.
Shall we start a funding drive? rajuram - can you lead it?
Shall we start a funding drive? rajuram - can you lead it?
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rockstart
03-12 11:56 AM
How do you guys find out what job code your H1B/labor was filed under?
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
Check your Perm Labor Section F column 2
My H1b saus 030, but I think the job is a 6 digit number.
Where can I locate that?
Thanks
Check your Perm Labor Section F column 2
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jcmenon
07-24 02:08 PM
We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
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rvr_jcop
02-12 03:55 PM
Nice read...I own a home too. If I have a GC now, I am in a position to pay off considerable amount on my mortgage. I know its a drop in the ocean but I am sure there are lot of people like me.
EkAurAaya
07-16 07:38 PM
I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.
nixstor
07-03 12:26 PM
I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
Sheer number of applications from the high volume countries has created the backlog?? Are you saying/wishing that these people should not have come in the first place to avoid the backlog?? My friend, backlogs did not happen completely because of the sheer number of applications and gaming. Backlogs happened primarily because of wasted visa numbers and issues surrounding it. If there was no visa number wastage the priority dates would have been around 2-3 years behind as opposed to 7 or 8 years. There are gamers in every system. If a system does not work for people as it is supposed to, gamers do so to get out of the system. Not that IV condones such things but it happens in any system, when the system is broken.
The I in IV definitely does not stand for me only or for any one only. I along with V only makes sense. I by itself does not get IV any where.
So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed?
On one hand you are saying that there is a bias towards lower population countries now and you are ok with it, just because you happen to benefit from it. Is that what you mean?
If retrogressed countries are asking for 75% of the numbers reserved to them rather than having one line for all, You have a good point in saying that the bias is shifting towards retrogressed countries. There is no such provision like that. The provision creates one line depending on when you entered the line. You enter the line ahead, you get it first.
So keeping the limits intact is NOT a bias to you? You can't have it both ways. What do you think is a solution? The point system you referred to came with the same 10% limit on the retrogressed countries. What difference does it make to a retrogressed person with 96 out of 100 points, but still needs to wait for 4 years, while some one from Krakozhia walks away in 6 months with 60 points. B T W , you also said that higher education deserves more does not fly with you. I am not sure how you want points to be assigned, other than education and experience. Don't let the fear and protectionist thought take over the logical and rational thought.
The "other side" of immigration is an entirely different topic. Their issues and our issues, their path to the end line and ours are entirely different. We can't simply compare apples and oranges and call people hypocrites. That said, I personally support it and feel that it will happen at some point depending on the majority in both houses and one party will suffer for the decisions it made. As a by stander, I sympathize with the situation the "other side" has been in. I have a full plate to work on.
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
Sheer number of applications from the high volume countries has created the backlog?? Are you saying/wishing that these people should not have come in the first place to avoid the backlog?? My friend, backlogs did not happen completely because of the sheer number of applications and gaming. Backlogs happened primarily because of wasted visa numbers and issues surrounding it. If there was no visa number wastage the priority dates would have been around 2-3 years behind as opposed to 7 or 8 years. There are gamers in every system. If a system does not work for people as it is supposed to, gamers do so to get out of the system. Not that IV condones such things but it happens in any system, when the system is broken.
The I in IV definitely does not stand for me only or for any one only. I along with V only makes sense. I by itself does not get IV any where.
So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed?
On one hand you are saying that there is a bias towards lower population countries now and you are ok with it, just because you happen to benefit from it. Is that what you mean?
If retrogressed countries are asking for 75% of the numbers reserved to them rather than having one line for all, You have a good point in saying that the bias is shifting towards retrogressed countries. There is no such provision like that. The provision creates one line depending on when you entered the line. You enter the line ahead, you get it first.
So keeping the limits intact is NOT a bias to you? You can't have it both ways. What do you think is a solution? The point system you referred to came with the same 10% limit on the retrogressed countries. What difference does it make to a retrogressed person with 96 out of 100 points, but still needs to wait for 4 years, while some one from Krakozhia walks away in 6 months with 60 points. B T W , you also said that higher education deserves more does not fly with you. I am not sure how you want points to be assigned, other than education and experience. Don't let the fear and protectionist thought take over the logical and rational thought.
The "other side" of immigration is an entirely different topic. Their issues and our issues, their path to the end line and ours are entirely different. We can't simply compare apples and oranges and call people hypocrites. That said, I personally support it and feel that it will happen at some point depending on the majority in both houses and one party will suffer for the decisions it made. As a by stander, I sympathize with the situation the "other side" has been in. I have a full plate to work on.
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