JimmyJolly
04-17 03:33 PM
This is one of the more reasonable proposals heard here. To give it more credibility, I think we should add an earnings threshold to it. Something like 500K to 1 million in cumulative W-2 earnings. No matter what your country of birth or your educational qualification is, If you contributed significantly to this country and you are law abiding then you deserve a little respect so that you can do more of the same.
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ItIsNotFunny
03-09 11:01 AM
Consider a $25 pledge from me towards this effort. Would appreciate it if we are told what information are we asking for? I have seen many questions in different messages. It would be great if we can get a consolidated list of questions/information we will be asking.
TIA.
Thats one of the tasks. There were multiple reasons why I was waiting for IV to show little more interest on this. We need 3 person team to tell us exactly what data and what format we need them and whether USCIS can get us that information with proposed charges.
3 Volunteers required who can decide exactly what data is required, we have rough idea but need final document on this. Amits, would like to lead this?
TIA.
Thats one of the tasks. There were multiple reasons why I was waiting for IV to show little more interest on this. We need 3 person team to tell us exactly what data and what format we need them and whether USCIS can get us that information with proposed charges.
3 Volunteers required who can decide exactly what data is required, we have rough idea but need final document on this. Amits, would like to lead this?
sweet_jungle
09-08 02:39 AM
I am aware of the issue. The only thing I can take care of right now is keep track of the revisions, and I am keeping track of them. (Thanks for the headup sweet_jungle)
Is this campaign still on?
I did not see much enthusiasm on this issue.
Do people not want their files to be adjudicated or not?
Is this campaign still on?
I did not see much enthusiasm on this issue.
Do people not want their files to be adjudicated or not?
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eb2dec2005
09-13 01:49 PM
I incorporated the points you made and the revisions are in fuchsia:
The Ombudsman
USCIS
September 10. 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration �services� provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS � a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us � �Case adjudication is based on receipt date� �No, we process applications based on notice date�, �Actually, it�s the processing date that determines which applications are adjusted.� !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their �service� centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service � once applications are submitted to USCIS they disappear into a black hole. Barring a website where one can nominally check one�s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
Another inconsistency, surfacing in August 2008, begs redressal � while I-485 applicants (albeit those from 2006 instead instead of earlier years) at the TSC were being approved in a steady stream, the NSC was almost completely inactive resulting in only a very few cases being approved prior to August 20th. After this date, the NSC appeared to completely hold off on all I-485 approvals while approvals continued at the TSC. Could somebody please account for this preferential treatment for I-485 applicants at the TSC versus those at the NSC? Furthermore, when complaint faxes were sent in to the NSC in protest, instead of issuing a formal statement to explain their approach, the NSC retaliated by issuing a bunch of RFEs. Is the USCIS trying to intimidate us so that we remain quiescent??
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of an extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future. Kindly note that there remain roughly 15 days until the October 2008 visa bulletin goes into affect. Once October arrives, the dates for Indian EB2 candidates retrogress to 2003. We believe you have the power to help a few more of us who have been waiting, seemingly endlessly, to get out of this immigration limbo.
Thanking you,
I really appreciate your initiative in drafting this letter.Please let us know, how each one of us could contribute . Whom should the faxes/emails/pamplets be sent.
The Ombudsman
USCIS
September 10. 2008
Sir/Madam,
On behalf of the employment-based legal immigrant community in the United States of America, I am writing to highlight the ongoing egregious inefficiencies in the immigration �services� provided by the USCIS and the DOS. There have been numerous occasions when there have been erratic movements in the DOS published visa bulletin dates. This, as we understand it, is owing to USCIS under- or over-estimating the number of applicants available for adjustment of status. And in the rare instances when the date finally moves forward by a substantial window, USCIS tends to approve the more recent applications as opposed to the ones that were filed earlier. Let me explain with an example: in the July 2008 visa bulletin, the cut-off date for the India EB2 category was 01 April 2004. A month later, the cut-off date for Indian EB2 applicants abruptly moved forward two years and was set at 01 June 2006. Instead of approving applicants who applied in 2004 and 2005, USCIS approved applicants from 2006. Where is the justice in that??? Why bother publishing the cut-off date if approvals are to be randomly allocated???
We understand we have to stand in line and wait our turn. Each applicant is assigned a priority date which chronologically determines his/her turn for approval. To further complicate matters, once the I-485 is filed, a crop of other dates are issued by the USCIS � a receipt date, a notice date and a processing date. USCIS then takes the liberty to throw random rules at us � �Case adjudication is based on receipt date� �No, we process applications based on notice date�, �Actually, it�s the processing date that determines which applications are adjusted.� !!!
Please take a moment to consider how these conflicting statements and arbitrary decisions wreak havoc on our morale and psyches? No one, NOT even the USCIS, has a clue as to what exactly is happening in their processing centers. The USCIS has never been able to clearly state the exact number of applications languishing, excuse us, we meant pending, in their �service� centers! We, employment-based immigrants, are tax-paying, law-abiding, educated individuals contributing to America�s knowledge economy - yet we have been subjected to the worst aspects of the US employment-based immigration system. These include:
1) Extended wait times at each step of the immigration process.
2) Lack of transparency on the part of USCIS (re: priority date, receipt date, notice date).
3) Lack of USCIS customer service � once applications are submitted to USCIS they disappear into a black hole. Barring a website where one can nominally check one�s case status (but which in reality remains static for months, even years!) there is no concept of updating an applicant on where his case stands. And this is despite the applicant paying immigration fees that often run into thousands of dollars over the years. We are simply expected to wait in a complete void of information, for however long it may take, until approval.
4) Lost opportunities owing to the lack of job portability during the process (a time period spanning an average of five years, whereas an applicant from any country besides India gets his/her PR card in under two years).
Another inconsistency, surfacing in August 2008, begs redressal � while I-485 applicants (albeit those from 2006 instead instead of earlier years) at the TSC were being approved in a steady stream, the NSC was almost completely inactive resulting in only a very few cases being approved prior to August 20th. After this date, the NSC appeared to completely hold off on all I-485 approvals while approvals continued at the TSC. Could somebody please account for this preferential treatment for I-485 applicants at the TSC versus those at the NSC? Furthermore, when complaint faxes were sent in to the NSC in protest, instead of issuing a formal statement to explain their approach, the NSC retaliated by issuing a bunch of RFEs. Is the USCIS trying to intimidate us so that we remain quiescent??
While we are grateful for the opportunity to partake in the American dream, it is ironic that we arrive in America and find that our freedom is shackled � we are bound to our sponsoring employer from the start to the end of an extremely lengthy process. Although legal immigration reform is our ongoing aim, for now, we sincerely request you to investigate the process whereby the monthly visa bulletin is set and to ensure FIFO (first in, first out) adjustment so that those of us who have been waiting longer receive attention prior to those who have applied later. We want USCIS to be accountable to us, its paying customers.
We request you to lend us your ear and address these issues so that we are not subjected to them in the future. Kindly note that there remain roughly 15 days until the October 2008 visa bulletin goes into affect. Once October arrives, the dates for Indian EB2 candidates retrogress to 2003. We believe you have the power to help a few more of us who have been waiting, seemingly endlessly, to get out of this immigration limbo.
Thanking you,
I really appreciate your initiative in drafting this letter.Please let us know, how each one of us could contribute . Whom should the faxes/emails/pamplets be sent.
more...
ns33
07-10 02:21 PM
It is a simple logic, when the cake gets cut it rolls down to all the people in line. If there is no cake, whats the point of arguing who is ahead in line?
Well said. We see the community fighting with no cake in hand.
Chanduv23 First - let me say I respect your outstanding and active contribution on this forum very much. Having said that, I'd say, you both conveniently missed the point in my post.
I am not arguing about who is ahead in the line to get the non-existent cake - please read my post once again and point it out to me where I said anything in such regard..
Frustration comes from the point that all the discussions take tone that all IV efforts are to help EB2 category alone. It is becoming frustrating for EB3s to keep reading posts and participating in actions when everyone keeps portraying IV effort as EB2 only effort.
I'd request you both to please read my post again.
All I have said is that message need to be made stronger that IV effort is for all EB community.
By responding with who's ahead in line type of comment you both are just ignoring the situation that already exists as of today on this forum wrt EB categories. I'd venture to say that if at all you're making that feel of eb3 left out even worse than it already it.
Apologize if I have offended anyone and will gladly take that red dot for speaking out my mind.
As far as the lawsuit is concerned, just like all the other IV efforts, I'd gladly participate in it.
Another possibility should also be investigated and that is re. selective enforcement of zeigler memo by some DOLs.
Well said. We see the community fighting with no cake in hand.
Chanduv23 First - let me say I respect your outstanding and active contribution on this forum very much. Having said that, I'd say, you both conveniently missed the point in my post.
I am not arguing about who is ahead in the line to get the non-existent cake - please read my post once again and point it out to me where I said anything in such regard..
Frustration comes from the point that all the discussions take tone that all IV efforts are to help EB2 category alone. It is becoming frustrating for EB3s to keep reading posts and participating in actions when everyone keeps portraying IV effort as EB2 only effort.
I'd request you both to please read my post again.
All I have said is that message need to be made stronger that IV effort is for all EB community.
By responding with who's ahead in line type of comment you both are just ignoring the situation that already exists as of today on this forum wrt EB categories. I'd venture to say that if at all you're making that feel of eb3 left out even worse than it already it.
Apologize if I have offended anyone and will gladly take that red dot for speaking out my mind.
As far as the lawsuit is concerned, just like all the other IV efforts, I'd gladly participate in it.
Another possibility should also be investigated and that is re. selective enforcement of zeigler memo by some DOLs.
pratsuxcy
11-03 03:39 PM
Hi, I have a question regarding the exempt cap for non profit H-1. I will graduate with a masters in education in 2008 and already have job offers to work in public schools.
My question was -
- does public school employment qualify under the non profit H-1B exempt category?
- Should I apply under the Masters quota?
Please reply as I have been searching for answers for a few weeks....
Thank you.
My question was -
- does public school employment qualify under the non profit H-1B exempt category?
- Should I apply under the Masters quota?
Please reply as I have been searching for answers for a few weeks....
Thank you.
more...
newbie2020
11-11 11:38 AM
First of all hiring someone on tourist visa was illegal, You had not thought about the safety of your child while doing it and without proper background check or reference checks hiring someone for nanny or anything like that involving children can be risky. There are instances of abuse which certainly will go un noticed.
From a legal perspective, Did u have a written contract for nanny, even if you sue the person you might not be able to recover anything and hiring an illegal may land you in trouble.
From a legal perspective, Did u have a written contract for nanny, even if you sue the person you might not be able to recover anything and hiring an illegal may land you in trouble.
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deecha
07-20 02:31 PM
Can someone advice on this.
Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
Can I leave my job after applying AOS or I have to wait till We get receipts of 485?
Thanks in advance.
You will be in "pending adjustment" status as a dependent, but since you're not on a H4 I am not sure what may be in store. Check with a good lawyer.
Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
Can I leave my job after applying AOS or I have to wait till We get receipts of 485?
Thanks in advance.
You will be in "pending adjustment" status as a dependent, but since you're not on a H4 I am not sure what may be in store. Check with a good lawyer.
more...
pappu
06-04 09:57 AM
Live updates of the advocacy day event will be posted on this thread as well as
Advocacy Days (http://advocacydays.blogspot.com/)
Updates will start pouring in from Sunday morning 10:30 AM and continue till Tuesday night.
Please stay tuned
Advocacy Days (http://advocacydays.blogspot.com/)
Updates will start pouring in from Sunday morning 10:30 AM and continue till Tuesday night.
Please stay tuned
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bsbawa10
09-14 01:41 PM
Where possible, we should send emails and faxes .. since owing to "security concerns" there WILL be delays with snail mail, running into weeks.
Hi reedandbamboo, please check your pm
Hi reedandbamboo, please check your pm
more...
nareshg
07-07 03:10 PM
The billing address is for the florist! They dont give it to the receiver! Yeah if Emilio really wants he can track you down (subpoena the florist etc etc..). But how many people will he track down? And what is he going to do? Sue you for sending him flowers? Of course that depends on what message you send along with the flowers :)
=====
thanks - :) I sent a decent message -:)
Message sent with the flowers
Dear Mr. Gonzalez,
Legal skilled non-immigrants are sorry that you are having such a hard time in determining priority dates.
All the best for future employment based visa estimates.
Thank you for showing us the joy for a few days and then taking it away.
- Patiently waiting !!
=====
thanks - :) I sent a decent message -:)
Message sent with the flowers
Dear Mr. Gonzalez,
Legal skilled non-immigrants are sorry that you are having such a hard time in determining priority dates.
All the best for future employment based visa estimates.
Thank you for showing us the joy for a few days and then taking it away.
- Patiently waiting !!
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ItIsNotFunny
03-09 10:56 AM
I pledge $50 for this effort.
Shoudl I send money on the regular IV account through Paypal?
Please wait till COB today.
Shoudl I send money on the regular IV account through Paypal?
Please wait till COB today.
more...
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jetflyer
04-15 08:46 PM
View Post
While they a burden to US for 2 years and add nothing to the economy during the same 2, years a H1B contributes to the economy in form of taxes (SS, medicare State and Federal Tax)
Can you refute that ?????
Your turn ...........
PlainSpeak...F1 are not burden to US, they pay big college fees for the education.
You know who is real burden, thats H4 visa holders like you. who have nothing to do. they just sit home eat and fight.
you are a classic example of burden to the society.. you are spending all the time here and fighting with everyone.
if anyone starts talking about anything, you just come and start fighting.
Jet
While they a burden to US for 2 years and add nothing to the economy during the same 2, years a H1B contributes to the economy in form of taxes (SS, medicare State and Federal Tax)
Can you refute that ?????
Your turn ...........
PlainSpeak...F1 are not burden to US, they pay big college fees for the education.
You know who is real burden, thats H4 visa holders like you. who have nothing to do. they just sit home eat and fight.
you are a classic example of burden to the society.. you are spending all the time here and fighting with everyone.
if anyone starts talking about anything, you just come and start fighting.
Jet
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malibuguy007
03-09 10:18 AM
If we do end up setting a separate PayPal account, I would suggest getting the data and sending it via PM to members who contribute. Not sure why the information needs to be shared with people who never contribute.
more...
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pappu
03-09 11:18 AM
Would appreciate it if we are told what information are we asking for? I have seen many questions in different messages. It would be great if we can get a consolidated list of questions/information we will be asking.
TIA.
That is a good question. We will need to draft a detailed reply to USCIS when we submit the payment. In that reply maybe we should also draw some kind of table of data we are requesting. Some people can work on this. Do keep in touch with Nixstor , Needhelp! and anilsal for guidance and direction.
TIA.
That is a good question. We will need to draft a detailed reply to USCIS when we submit the payment. In that reply maybe we should also draw some kind of table of data we are requesting. Some people can work on this. Do keep in touch with Nixstor , Needhelp! and anilsal for guidance and direction.
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NKR
10-01 01:21 PM
As some folks have posted on another thread, the USCIS is finally getting around to consolidating all their applications in a single database.
Maybe our letters and posters didn't fall on deaf ears after all! ;)
I hope so, we just have to wait to see when that will come into effect, perm took more than a couple of years to come into effect and what happened after??.. all the pending applications at that time was pushed to the BEC black hole...
Maybe our letters and posters didn't fall on deaf ears after all! ;)
I hope so, we just have to wait to see when that will come into effect, perm took more than a couple of years to come into effect and what happened after??.. all the pending applications at that time was pushed to the BEC black hole...
more...
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neelu
08-19 10:47 PM
I had the exact same question. If one responds to an RFE on his/her I-485 app, is there no place on the online status description where we can find the original receipt date?
Also, can one assume that his/her case has is pre-adjudicated, if there are no further requests from USCIS after an RFE reponse from the applicant?
Thank you, JSB, InTheMoment, FromNaija and all others who are providing valuable information (even though some of it is probably only good logical deductions) on this thread.
jsb
What exactly is meant by checking the receipt date online and it is 3 months after the date in the paper? All I see on my 485 is a statement that they have received my response to the RFE...I don't see any receipt date or notice dates on the case status online at USCIS.gov
Just wondering what you mean or am I missing something?
SoP
Also, can one assume that his/her case has is pre-adjudicated, if there are no further requests from USCIS after an RFE reponse from the applicant?
Thank you, JSB, InTheMoment, FromNaija and all others who are providing valuable information (even though some of it is probably only good logical deductions) on this thread.
jsb
What exactly is meant by checking the receipt date online and it is 3 months after the date in the paper? All I see on my 485 is a statement that they have received my response to the RFE...I don't see any receipt date or notice dates on the case status online at USCIS.gov
Just wondering what you mean or am I missing something?
SoP
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sparuthi
08-22 03:59 PM
This is a totally wrong message someone out there put out to make people nervous. Application support centers do no have IO's. The only IO's you will meet would be at a different USCIS facility where you take appointment and stand before the counter and ask the questions.
There will be no reason why someone would meet a IO at the fingerprinting place which generally have technicians and security to monitor the process. You sit in a waiting room alongwith 100 other people, then once your name is called, you do the fingerprinting and get out of the door.
There is no time to mingle with IOs nor there will be IOs(friendly or not) who would be willing to disclose any information to you.
Some people online gloat at having pleasure to spread disinformation. this seems to be the case...
Guys take it easy...
I agree.... there are no IOs at the fingerprinting offices let alone talking to them.
I had an infopass appointment today and the IO there told me a lot. She told me that me and my wife's namecheck and fingerprints were cleared. She also told me that the case has not been assigned and therefore she opened a Service Request for me to expedite the case (dont know if it will help). She also mentioned that there is no memo stating that the vsa numbers have been exhausted.
And believe me.. i overheard the other IOs in the saying that the immigration system is screwed up and the service centers dont know what they are doing... so guys you can see what the system thinks of itself.....
so again as i have said....sit tight and hope and pray ....
cheers
There will be no reason why someone would meet a IO at the fingerprinting place which generally have technicians and security to monitor the process. You sit in a waiting room alongwith 100 other people, then once your name is called, you do the fingerprinting and get out of the door.
There is no time to mingle with IOs nor there will be IOs(friendly or not) who would be willing to disclose any information to you.
Some people online gloat at having pleasure to spread disinformation. this seems to be the case...
Guys take it easy...
I agree.... there are no IOs at the fingerprinting offices let alone talking to them.
I had an infopass appointment today and the IO there told me a lot. She told me that me and my wife's namecheck and fingerprints were cleared. She also told me that the case has not been assigned and therefore she opened a Service Request for me to expedite the case (dont know if it will help). She also mentioned that there is no memo stating that the vsa numbers have been exhausted.
And believe me.. i overheard the other IOs in the saying that the immigration system is screwed up and the service centers dont know what they are doing... so guys you can see what the system thinks of itself.....
so again as i have said....sit tight and hope and pray ....
cheers
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psagarn
04-14 11:23 AM
Can we rope in organizations like those mentioned in the subject line for our cause?
Single most important reason I have not bought a house yet is that I do not have a GC and thus can be kicked out anytime. Most of my savings have been invested in Real Estate in India not because I think investment there is more profitable but because I do not have confidence that I will get GC here for sure. All of my friends who own a house waited till they got GC and those who do not own one, are those waiting for GC. In short, more GCs to Desis generally would mean increased housing demand, at least that is what the initial look at numbers indicate. Thoughts?
Single most important reason I have not bought a house yet is that I do not have a GC and thus can be kicked out anytime. Most of my savings have been invested in Real Estate in India not because I think investment there is more profitable but because I do not have confidence that I will get GC here for sure. All of my friends who own a house waited till they got GC and those who do not own one, are those waiting for GC. In short, more GCs to Desis generally would mean increased housing demand, at least that is what the initial look at numbers indicate. Thoughts?
transpass
08-22 01:57 PM
I can understand your concern......I am worried about myself sometimes too!!! :D but I am capitalist and so byt US definition would be republican.....
next time I gotta think about someone great than a guy making money over his opinions!! :)
Man, you are getting confused capitalism with Republican...:p Even democrats and independents are capitalists...To make things complicated, communists of china are also capitalists...He..Hee...Heee....:D:D
Anywhooooo, it's better to go by correct definition of capitalism rather than defined by the republicans, the so called torch bearers of capitalism (How funny:D...This cracks me up...No offense, but that includes my butt...:D:D)
next time I gotta think about someone great than a guy making money over his opinions!! :)
Man, you are getting confused capitalism with Republican...:p Even democrats and independents are capitalists...To make things complicated, communists of china are also capitalists...He..Hee...Heee....:D:D
Anywhooooo, it's better to go by correct definition of capitalism rather than defined by the republicans, the so called torch bearers of capitalism (How funny:D...This cracks me up...No offense, but that includes my butt...:D:D)
skp07
03-06 05:31 PM
I'm in with my $50 contribution
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