dontcareanymore
01-09 04:43 PM
I am surprised to see this thread active this long. Earlier I have with help of Saralayar and other members have bring this point to attention. But at that time no one was supporting Idea.
I see increasing support for the Idea as GC journey become longer and longer.
Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD
(1) I-140 and I-485 must be approved.
(@) Time should be considered only after getting GC
(3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS
So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.
The above requirements can get closer to Marriage and family based and also help 90% of IV members.
Adding the clause for the EDUCATIONAL THING might be able to get more political support also
Thanks
Most of the delay (after the labor) is in I485. Some people wait more than others and any timer that starts AFTER approval of I485 is not useful to those who already wait longer term on I485. Moreover it is I485 process that is most screwed up for the lack of better word. People with PD 2006 got the GC last year while people from 2002 are waiting in the SAME category , from the same country.
REQUIREMENT of masters degree may be a convincing factor in your opinion , but that excludes certain members of the group.
The 485 approval is just an adjustment of status. Technically approval of I140 is when you are approved to be a resident (Assuming no criminal record etc).
I see increasing support for the Idea as GC journey become longer and longer.
Earlier I have pointed following points that I want to bring to remind if we want to get real support for this idea of early CITIZENSHIP AFTER GREEN CARD
(1) I-140 and I-485 must be approved.
(@) Time should be considered only after getting GC
(3) For getting closer for political support our proposal should be close to Existing laws for FAMILY BASED and MARRIAGE BASED CITIZENSHIPS
So we should argur that if YOU HAVE MASTER AND ABOVE IN STEM FILEDS YOu can get CITIZEN SHIP 5 yrs from date of Approval of I-140 ( which make it closer to fmaily based) and THREE YEARS from Date of Approval of I-485 (closer to marriage based citizens). You can get earlier of two . But when you get Citizenship your I-485 must be approved for ATLEAST 1 year.
The above requirements can get closer to Marriage and family based and also help 90% of IV members.
Adding the clause for the EDUCATIONAL THING might be able to get more political support also
Thanks
Most of the delay (after the labor) is in I485. Some people wait more than others and any timer that starts AFTER approval of I485 is not useful to those who already wait longer term on I485. Moreover it is I485 process that is most screwed up for the lack of better word. People with PD 2006 got the GC last year while people from 2002 are waiting in the SAME category , from the same country.
REQUIREMENT of masters degree may be a convincing factor in your opinion , but that excludes certain members of the group.
The 485 approval is just an adjustment of status. Technically approval of I140 is when you are approved to be a resident (Assuming no criminal record etc).
wallpaper hot My golden/lab mix says
abhijitp
12-07 01:46 AM
Congratulations on getting GC.
I think the fact that you had same A# helped you despite multiple filings. There are cases of people where even though they have declared their second application, USCIS assigned them a second A# number.
Pls. Stick around in IV and help others with your knowledge.
I have received two A#s since I submitted a second set of AOS (first set had a number of omissions and I did not want to miss the boat).
I think there is no reason to lose sleep over this issue (actually I was told so by a renowned lawyer with whom I just did a consultation), and there is not much we can do anyway. Except... if possible we should send a letter to USCIS telling them about these two sets of applications and then asking them to choose the one which is approvable (again, I was told so by the same lawyer).
BTW canadian_dream: heartiest conrgatulations on your green card approval, your posts on the multiple filings issue have been very helpful.
I think the fact that you had same A# helped you despite multiple filings. There are cases of people where even though they have declared their second application, USCIS assigned them a second A# number.
Pls. Stick around in IV and help others with your knowledge.
I have received two A#s since I submitted a second set of AOS (first set had a number of omissions and I did not want to miss the boat).
I think there is no reason to lose sleep over this issue (actually I was told so by a renowned lawyer with whom I just did a consultation), and there is not much we can do anyway. Except... if possible we should send a letter to USCIS telling them about these two sets of applications and then asking them to choose the one which is approvable (again, I was told so by the same lawyer).
BTW canadian_dream: heartiest conrgatulations on your green card approval, your posts on the multiple filings issue have been very helpful.
acecupid
06-12 05:51 PM
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
They are just giving you BS. They are trying to use a fake reason to send you back to India. They might be using this fake reason (BG check) to avoid any legal hassles. Keep track of how they are harassing you, keep a copy of all emails and documents used in correspondence in this matter and complain to DOL.
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
They are just giving you BS. They are trying to use a fake reason to send you back to India. They might be using this fake reason (BG check) to avoid any legal hassles. Keep track of how they are harassing you, keep a copy of all emails and documents used in correspondence in this matter and complain to DOL.
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pro
10-01 03:56 PM
Please......put some details and how did you deal with the MTR, so that it will be very useful for everybody around here.
Hi you can find all the details in this thread.
"Wrongfull denial by cis and PD is current."
Hi you can find all the details in this thread.
"Wrongfull denial by cis and PD is current."
more...
snathan
03-31 08:31 PM
Important information is available on this in the Donor Forum. VBKris77 have compiled the information from the previous analysis and the latest information released by Dept. of State and IV's recommendation.
But I am not allowed to post the information here...:D
But I am not allowed to post the information here...:D
buehler
01-25 08:38 AM
It was on Dec 2005 . Luftansa . Chennai - Frankfurt- Dallas . I was waiting for my boarding pass . I handed over my e ticket to the lady at the counter. Instead of issuing the boarding pass , she asked me about my H1B papers. I got confused . Why should I show my papers to this lady ? . Since it was my very first trip to US , I meekly showed her my papers.After that she had issued the boarding pass.
Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.
Don't think only Non-Indians treat Indians shabbily. Our enemy is within.
If I happened to see that lady once again in Chennai -------
I am not sure why you're so ticked off about this. If you do not have a proper visa, the airlines that took you there will have to be bring you back free of cost. Many an airline have been burnt by this and hence they insist on seeing your visa.
Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.
Don't think only Non-Indians treat Indians shabbily. Our enemy is within.
If I happened to see that lady once again in Chennai -------
I am not sure why you're so ticked off about this. If you do not have a proper visa, the airlines that took you there will have to be bring you back free of cost. Many an airline have been burnt by this and hence they insist on seeing your visa.
more...
immi2006
07-11 10:33 AM
Guys,
This should not boomrang on us, let us do it with caution. Food Delivery etc can look mean.
What we can think of is Sending your tax statements for 5 years to tell them how honest we have been and how much we contributed to economy..
Sending it to local senators ?.
What dou think ?
This should not boomrang on us, let us do it with caution. Food Delivery etc can look mean.
What we can think of is Sending your tax statements for 5 years to tell them how honest we have been and how much we contributed to economy..
Sending it to local senators ?.
What dou think ?
2010 chocolate lab golden retriever
h1techSlave
03-25 07:30 PM
Using the same logic, they can avoid interviewing an African American.
I think we all should get together and file a class action law suit against those companies.
Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.
I think we all should get together and file a class action law suit against those companies.
Yes, This comes into picture once company decides to hire. Now hiring is teh last process and beofre that you get grilled in multiple interviews. Employer is tsill at liberty not to interview EAD holder. If you are not interviewed, hiring would not come into picture and hence this text of law in I-9 form is worthless for you for that position. This I-9 text will only cover the situation for the period after hiring not before hiring.
more...
anilkumar0902
08-19 01:15 PM
Yes. Indeed you are approved..Congrats.
I received the card production ordered email today morning, after 1 hr again I received a Decision email. Online status shows as "Decision" , does this mean my 485 is approved?
PD: 10-Feb-2006 (EB2)
Opened SR on 08/03
SR response on 08/18 - Your case is currently under review by an officer.
Current 485 Status:
Your Case Status: Decision
On August 19, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
I received the card production ordered email today morning, after 1 hr again I received a Decision email. Online status shows as "Decision" , does this mean my 485 is approved?
PD: 10-Feb-2006 (EB2)
Opened SR on 08/03
SR response on 08/18 - Your case is currently under review by an officer.
Current 485 Status:
Your Case Status: Decision
On August 19, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
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mojito_blender
06-21 03:01 PM
Does anyone know about the W2 form and 1040 tax return forms? I currently only have W2 and 1040 for the year 2006, but my lawyer says I need to submit the past three years. Is there any problem?
more...
whitecollarslave
03-26 05:43 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
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sri1309
09-15 05:55 PM
All,
I sent 20 posters today by smail mail and now I have already called 12 member's offices. Please call them and make them hear only about 5882 till this is cleared. I am telling them " I am so n so, calling from x, and this is to request Mr. to support the Visa recapture bill for LEGAL IMMIGRANTS, HR 5882. Please call. More voices can only be heard loud. Lets join hands.. Together we can make it..
I sent 20 posters today by smail mail and now I have already called 12 member's offices. Please call them and make them hear only about 5882 till this is cleared. I am telling them " I am so n so, calling from x, and this is to request Mr. to support the Visa recapture bill for LEGAL IMMIGRANTS, HR 5882. Please call. More voices can only be heard loud. Lets join hands.. Together we can make it..
more...
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ourgcapproved
08-17 01:45 PM
Due to the pending caseload at NSC, the processing time of your I485 application has been extended. Allow extra time for an officer to review your application. Furthermore if all intial evidence was not included with your application or a question arose during adjudication that required a RFE additional time would be needed.
Your application remains awaiting review by an Officer and you will be notified as soon as decision is made. The service is waiting for VISA availability
got this message for my wifes SR opened on 07/30, did anyone got the same response?
Your application remains awaiting review by an Officer and you will be notified as soon as decision is made. The service is waiting for VISA availability
got this message for my wifes SR opened on 07/30, did anyone got the same response?
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Macaca
07-21 09:03 PM
im blogging too. i suggest we share articles. i just made mine today. here's the link:
http://thetruthandthetail.blogspot.com/
i'll try to update as often as possible.
I am blogging at article sites that mention Lou Dobbs. Lou Dobbs supports Numbers USA and Programmers Guild. Some of these sites are blogged by Numbers USA and Programmers Guild.
Here are some recent ones. Look at the attached blog sites.
The Gandhi Protests Pay Off (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070716_514499.htm?chan=top+news_top+news+index _businessweek+exclusives) Facing political pressure and legal action, the U.S. government may speed up green card processing and make more slots available by Moira Herbst Business Week, July 17, 2007
A Green Light on the Road to Green Cards (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080.htm?chan=top+news_top+news+index _businessweek+exclusives) The federal government reverses a moratorium on "Adjustment of Status" applications in response to protests by employers and high-skilled immigrants by Moira Herbst Business Week, July 18, 2007
How Skilled Immigrants Found a Voice (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_877619.htm?chan=top+news_top+news+index _businessweek+exclusives) Grassroots group Immigration Voice has helped tech workers organize and score victories in Washington by Moira Herbst Business Week, 19, 2007
How Skilled Immigrants Found a Voice (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=search) Grassroots group Immigration Voice has helped tech workers organize and score victories in Washington By Moira Herbst July 19, 2007
Scenes From The Gandhi Protests (http://images.businessweek.com/ss/07/07/0719_gandhi_rally/index_01.htm) Programmers, engineers, and others take to the streets of San Jose
http://thetruthandthetail.blogspot.com/
i'll try to update as often as possible.
I am blogging at article sites that mention Lou Dobbs. Lou Dobbs supports Numbers USA and Programmers Guild. Some of these sites are blogged by Numbers USA and Programmers Guild.
Here are some recent ones. Look at the attached blog sites.
The Gandhi Protests Pay Off (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070716_514499.htm?chan=top+news_top+news+index _businessweek+exclusives) Facing political pressure and legal action, the U.S. government may speed up green card processing and make more slots available by Moira Herbst Business Week, July 17, 2007
A Green Light on the Road to Green Cards (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070717_923080.htm?chan=top+news_top+news+index _businessweek+exclusives) The federal government reverses a moratorium on "Adjustment of Status" applications in response to protests by employers and high-skilled immigrants by Moira Herbst Business Week, July 18, 2007
How Skilled Immigrants Found a Voice (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_877619.htm?chan=top+news_top+news+index _businessweek+exclusives) Grassroots group Immigration Voice has helped tech workers organize and score victories in Washington by Moira Herbst Business Week, 19, 2007
How Skilled Immigrants Found a Voice (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=search) Grassroots group Immigration Voice has helped tech workers organize and score victories in Washington By Moira Herbst July 19, 2007
Scenes From The Gandhi Protests (http://images.businessweek.com/ss/07/07/0719_gandhi_rally/index_01.htm) Programmers, engineers, and others take to the streets of San Jose
more...
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gc28262
09-24 05:50 PM
Good Question. AC21 usage introduces a "Chicken Or Egg" situation. Our limitations 1) Till we interfile we have to show us fulfilling EB3 job calssification related obligations ( that also is a "future" postion in reality). Now if EB2 application is from "same employer" then that employer can logically produce the letter matching EB2 level experience after "real and natural skill progression" only to prove that you are fit for more advanced skill level job in other words after wait for 2-3 years.
Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.
Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.
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perm2gc
05-09 02:04 PM
When where you laid off Hunter ?
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asanghi
05-18 05:50 PM
Hi All-
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
Shouldn't the photographer know about it? I get my passport size photos taken at costco. I think they make sure that photographs adhere to the standard.
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
Shouldn't the photographer know about it? I get my passport size photos taken at costco. I think they make sure that photographs adhere to the standard.
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Wendyzhu77
08-21 04:00 PM
Regarding law suit, somebody in the previous messages made a very good point: when there is a lawsuit, that's because the lawyers can get something from it. Think last july, why are lawyers so quick to (threat to launch) lawsuit: because they have already put in half month of hard work and overtime pay (yeah, a lot of money to staff) for processing those cases, and uscis flip-flop invalidates their efforts and wasted their money, no wonder they were furious and quick to action, and that forced uscis to change decision. Now, what can they get from fighting the law suit? They havn't lost anything. And , in fact, faster processing of 485 is NOT good for lawyers: they miss money from filing ead/ap, and they miss money from multiple 140/485 filings (who would file multiple 140/485 if your case can be approved in less than one year?). Therefore, I seriously doubt if any lawyer will have the motivation to file law-suit, and especailly the basis for the suit is not solid.
I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..
Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...
we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..
Any idea Pappu..??.
I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..
Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...
we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..
Any idea Pappu..??.
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roseball
03-31 11:23 PM
Hi,
I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?
Thanks,
Ramesh
You need to signup for monthly contributions to gain donor privileges.
I have donated $100 for the advocacy day. But I still cannot access the donar forum. How to request this access?
Thanks,
Ramesh
You need to signup for monthly contributions to gain donor privileges.
admin
02-20 02:41 PM
Can someone explain why it seems harder to find backers in the house than in the senate for immigration reform (even the employment based legal immigration)? If we understand this, maybe it will help us focus our lobbying efforts better. Just a thought.
arihant,
The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.
But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.
arihant,
The constituency of a Senator is the entire state while that of a House Rep is usually much, much smaller. So the Senator needs to make sure that all his actions are more 'Inclusive' and do not offend a lot of people.
But since the House Rep has much fewer and probably much more homogeneous set of people, the needs of his/her constituents are not that diverse and hence they can afford to take a hardline stance in many cases.
bigboy007
10-03 06:44 PM
I made a service req on sept 6 and they opened it on Sept 30 and assigned it to an officer. They enquired took detailsof my fedex , etc. and now they sent a letter. Just summary "wait wait wait still we need to key in " huh i think many of us will have same fate even after doing all this but i am not giving it up lets do something rather than nothing.
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