milind70
10-17 02:41 PM
I got an RFE for I-131 for both myself and my wife. They have asked for absolutely everything (I-485 receipt, I-140 approval, I-94s, I-797s, marriage certificate, Passport copies etc). As my lawyer said "they have thrown the kitchen sink at you".
I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
BTW - my EAD from the sample application was approved!
______________________
EB3 India (PD: 05/01/2004)
I-485 Receipt date: 07/23/2007
EAD approved: 09/04/2007
FP notices: ????
I-131 - RFE
GC: god knows when
Which Service Center has asked for these docs???
NSC or TSC ????
I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
BTW - my EAD from the sample application was approved!
______________________
EB3 India (PD: 05/01/2004)
I-485 Receipt date: 07/23/2007
EAD approved: 09/04/2007
FP notices: ????
I-131 - RFE
GC: god knows when
Which Service Center has asked for these docs???
NSC or TSC ????
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casinoroyale
02-07 10:20 AM
Hello Friends:
Recently Vermont center processing time for H-1B extensions moved to Oct-1-2007. As per new USCIS reporting method of processing times, what this means is, they have COMPLETED processing applications received as of Oct-1-2007. This means, people who have applied for extension after Oct-1st should be getting their approvals these days.
I want to find out which dates currently they are at based on your feedback of your application date and whether you received approval or not as of today.
My case: Applied Oct-30-2007 Status: Pending
Thanks.
Recently Vermont center processing time for H-1B extensions moved to Oct-1-2007. As per new USCIS reporting method of processing times, what this means is, they have COMPLETED processing applications received as of Oct-1-2007. This means, people who have applied for extension after Oct-1st should be getting their approvals these days.
I want to find out which dates currently they are at based on your feedback of your application date and whether you received approval or not as of today.
My case: Applied Oct-30-2007 Status: Pending
Thanks.
marry_after_485
06-16 10:49 AM
If I get married to gal who is here in USA, before my I 485 aproval, and if my I-485 aprove before priority date available, is there any way my wife can apply for Green card? and get it with me?
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girijas
11-13 05:36 PM
Pappu,
Have sent you a PM with my contact info
Have sent you a PM with my contact info
more...
Dj-Studios
05-25 04:07 PM
I'll have to load some stuff onto and finish something for a client, but it will be finished tonight.
Umm...... :-/
Umm...... :-/
getgreensoon
03-09 09:40 AM
Here is what I found from Murthy Forum --
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.
more...
qtoask
08-18 03:31 PM
Piyush,
Your dependents are "in status" as their I485 pending. donot worry about it. You will receive your card within 3-4 days.
Right now my parents in India are trying to seek help from local authority so as to say the ADM office - to get the certificate. I dont know how much this will work.........I will keep everyone posted.
Your dependents are "in status" as their I485 pending. donot worry about it. You will receive your card within 3-4 days.
Right now my parents in India are trying to seek help from local authority so as to say the ADM office - to get the certificate. I dont know how much this will work.........I will keep everyone posted.
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sanju
04-04 02:09 PM
sanju, you said that right man.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
more...
msyedy
02-05 02:24 PM
They all have a paper drafted which is sent to all queries about the topic. Agree with logiclife because it is his left hands job to find a logic.
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texcan
09-25 09:32 PM
Good news:
EAD production ordered -sept 24.
Details in signature
EAD production ordered -sept 24.
Details in signature
more...
rongha_2000
05-13 05:45 PM
^^^^^^^^^^^^
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jthomas
05-26 10:47 PM
Do you work for a TV manufacturing company or watch lots of shows like a couch potato. I can understand you like to watch some channels but cannot imagine spending hours to make a quote
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
more...
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GCBy3000
01-04 09:56 AM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
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iptel
05-03 12:06 AM
I would not recomen contacting Mr Savage. He does not appear to be the person that would help our cause.
He is openly anti-latino, openly calls for burning of mexican flag etc..
why do you think he would support legal immigration?
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
See below
These are the candid words of Michael Savage, the son of immigrants, whose love for America and trenchant insights into the leftist propaganda that threatens our way of life have made him a giant in talk radio. In this book, written in his muscular, electrifying style, Savage warns that our country is losing its identity, becoming a victim of political correctness, unmonitored immigration, and socialistic ideals: "When it comes to our culture, we're being told by liberals to let the illegal invaders as well as the legal newcomers redefine and reshape our culture into their image."
He is openly anti-latino, openly calls for burning of mexican flag etc..
why do you think he would support legal immigration?
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
See below
These are the candid words of Michael Savage, the son of immigrants, whose love for America and trenchant insights into the leftist propaganda that threatens our way of life have made him a giant in talk radio. In this book, written in his muscular, electrifying style, Savage warns that our country is losing its identity, becoming a victim of political correctness, unmonitored immigration, and socialistic ideals: "When it comes to our culture, we're being told by liberals to let the illegal invaders as well as the legal newcomers redefine and reshape our culture into their image."
more...
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breddy2000
03-26 12:12 PM
Guys:
It appears we did not get to have a leader for this chapter. Since I am in lansing Michigan, the heart of where all the lawmakers are in MI. I will be happy to coordinate any IV activity.
I have just sent some of you an email to contact me, so that we can plan to meet the lawmakers next week. Please send me your name, email add and phone number. Please send a PM or email.
Thanks
Thanks for taking this initiative.
Sent you PM with my details.
Thanks
It appears we did not get to have a leader for this chapter. Since I am in lansing Michigan, the heart of where all the lawmakers are in MI. I will be happy to coordinate any IV activity.
I have just sent some of you an email to contact me, so that we can plan to meet the lawmakers next week. Please send me your name, email add and phone number. Please send a PM or email.
Thanks
Thanks for taking this initiative.
Sent you PM with my details.
Thanks
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MYGCBY2010
10-16 12:41 PM
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
Online status would change if you have a RFE on your AP(as matter of fact for all forms)... Normally it says "A notice was sent asking for additional evidence"
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
Online status would change if you have a RFE on your AP(as matter of fact for all forms)... Normally it says "A notice was sent asking for additional evidence"
more...
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ashkam
07-20 01:04 PM
Vaishu,
I have a question for you. I had lost my birth certificated and fortunately my father was visiting us so I get an affidavit signed by him. My mother is no more and my siblings are in India. Would there be a problem as I sent an affidavit in lieu of birth cert with just my father's signature? Please let me know.
Uncle or aunt's affidavit would have done as well. But you cannot send just one.
I have a question for you. I had lost my birth certificated and fortunately my father was visiting us so I get an affidavit signed by him. My mother is no more and my siblings are in India. Would there be a problem as I sent an affidavit in lieu of birth cert with just my father's signature? Please let me know.
Uncle or aunt's affidavit would have done as well. But you cannot send just one.
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EkAurAaya
11-30 09:13 PM
Thank you guys for the good wishes :)
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
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neelu
12-11 02:25 PM
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
ssdtm
03-03 03:07 PM
This is a good thread. Will help potential applicants to evaluate prospective lawyers.
anilsal
08-26 01:42 PM
who responded on this thread for the following, which you can actively do it by directly PMing me.
"Please provide me the name, email address and phone number to be added to the IL State Chapter"
Also include where in the GC process you are currently in. Quite interested to know your PD.
"Please provide me the name, email address and phone number to be added to the IL State Chapter"
Also include where in the GC process you are currently in. Quite interested to know your PD.