ramus
07-07 10:53 PM
Where you getting your number from? Did you already set up poll?
Hope somebody is serious out there, just kidding
Hope somebody is serious out there, just kidding
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gjoe
10-09 06:18 AM
Why do you think FIFO is scientifically impossible? If you beleive that weather forecast is reliable like most of the Americans do, making the FIFO system work more effeciently without wasting even a single visa is possible.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
It is not necessary to issue the visa if the case is still pending for some reason, but if it has cleared all it has a visa number ready to complete the case. If all the visa numbers are allocated ( not necessarily issued) each year there will be no waste. There is no need to go back and recapture visa numbers because all visa numbers are already allocated. Obove all these reasons, those people with PD's as old as 1999 coming out from the BEC need not face another nightmare like first waiting for the I485 to become current before even he can file and then wait in the end of the queue for new applicants to move forward before having his case handled.
This GC system broke because the system was revamped without taking into account the whole process.
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
gc_bucs
11-17 03:44 PM
Sent the message
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BECsufferer
01-30 07:49 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
Hmmm ... not generating salary, means you are not working currently. But your employer hasn't revoked your H1 ( or work authorization, i don't recall exact term), which mostly they do or are supposed to do. Which is good, if you have freindly terms ask for to be sent on un-paid leave. Plus if you have paid leave pending, maintain that so incase your employer has to issue pay check, he can tap into this.
more...
GCcomesoon
11-06 02:51 PM
Hi
I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD aproved - 10/25/2007 - for me
FP for me- ??????
Thanks
GCcomesoon
I have opened up 2 SR's & have taken 2 info-passes till now but I haven't received my FP yet.
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07, approved - 7/24/07
LUD in my case - 1131,485,765, - 7/11/07
LUD in spouse's case - I131-7/11/07
EAD cleared for spouse - 08/20/07
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
AP approved for spouse - 09/12/07
EAD aproved - 10/25/2007 - for me
FP for me- ??????
Thanks
GCcomesoon
vkrishn
09-25 12:21 PM
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "
Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.
Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.
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CADude
08-23 12:56 PM
I am not sure if TSC receiving/encashing 485 application all 5 days. We get few check encashment then lul for couple of day. then again few more...
Mon - 485 (TSC filed)
Tues - EAD
Wed - AP
Thur - 485 (NSC filed)
Fri - EAD
Sat, Sun - Holiday
I was anticipating check encashment in masses. But it didn't happening. :)
Yes If you are lucky one then getting 485/EAD/AP together..:D:D
Mon - 485 (TSC filed)
Tues - EAD
Wed - AP
Thur - 485 (NSC filed)
Fri - EAD
Sat, Sun - Holiday
I was anticipating check encashment in masses. But it didn't happening. :)
Yes If you are lucky one then getting 485/EAD/AP together..:D:D
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ujjvalkoul
06-26 05:14 PM
Everyone is just frustrated....I pity our condition.
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
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trueguy
05-02 01:10 PM
It sounds like IV should assign PD to people who join and accordingly allow them to comment.......just like USCIS allot GC based on PD.....:)
Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
Do u think admins should ban people from expressing views if joined after a certain cutoff date???
Why not if 'Who did not even know about IV till Apr 2007 are CONTRIBUTING here'.
Do u think admins should ban people from expressing views if joined after a certain cutoff date???
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tonyHK12
02-15 11:17 AM
cheers mallikonnet, desixp
tracker @ 9%, time elapsed = 25%
Amount raised................$4,350.00
Contributions needed.....$45,650.00
.
.
tracker @ 9%, time elapsed = 25%
Amount raised................$4,350.00
Contributions needed.....$45,650.00
.
.
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glus
05-24 09:04 AM
Yesterday I faxed all the senators from the list, today I e-mailed them and will be calling them shortly. I will update about each phone call I had made.
G
G
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man-woman-and-gc
09-15 02:46 PM
It's just hidden but when you do export to csv it shows everything. This is not secure. Please be careful with sharing your phone # on public domains.
Folks...I was told once by an IV core member ' This is the land of the fearless' and therefore we should not fear abut simple things like like sharing our email ID or ph#.
However, keeping this concern in mind that may prevent some members from supporting, i have removed the email ID and ph# column from the public spreadsheet. I will maintain a separate spreadsheet with list of email ID's and ph# so that we can get in touch as soon as it is time for some real action.
Thanks.
Folks...I was told once by an IV core member ' This is the land of the fearless' and therefore we should not fear abut simple things like like sharing our email ID or ph#.
However, keeping this concern in mind that may prevent some members from supporting, i have removed the email ID and ph# column from the public spreadsheet. I will maintain a separate spreadsheet with list of email ID's and ph# so that we can get in touch as soon as it is time for some real action.
Thanks.
more...
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akhilmahajan
03-04 10:18 AM
Thanks a lot everyone. I am happy the thread is back and alive.
Grand Total - $2232
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
Grand Total - $2232
Come on folks lets help IV, to get things done for US.
IV is I/WE. GO IV GO. TOGETHER WE CAN.
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BharatPremi
11-21 09:18 PM
Mehul
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.
I can more than understand what you are going through right now. I was diagnosed with cancer ten months after coming to the US. I am also the principal applicant and of course it was terrifying. I have no idea what your prognosis is or the type of cancer and do not need to know. However, I live in Indiana and the doctors here managed to save Lance Armstrong. He was sent here from Texas. I am now a six year survivor.
I am now undergoing tests for a possible second cancer diagnosis seven years later and still no green card for my family. Hoping for one for my husband in the New Year. My son aged out and is on a student visa. I live each day realizing this is not a dress rehearsal and have to believe everything will be OK and I have absolutely no control over what the future holds.
I know only too well how shell shocked you are right now but you have to have faith that things will work out how they are meant to. Adversity can have a silver lining.
Wishing you all the best in your treatment plan. You need to concentrate on your health right now.
Our prayers are with you and your family as well. May God bless both you and Mehul and give strength fighting this. Best Luck.
more...
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vinabath
04-23 04:38 PM
This is not a personal advice but general appeal to all would be employers.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I hope you have researched and understood obligations of an employer.
By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.
If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.
For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.
I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
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gvenkat
01-30 10:53 PM
If no one is ready to give you a job, then LEAVE to your home country! Period! No one forced you to come to this country. And if you do not have a job then no one has invited you here. You are on your own! But if you want to stay, then abide by the rules. Get yourself into another visa status.
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
What makes you think everyone files for H-1B through a body shop? This is the lamest statement I have heard on this forum!
Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...
So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man
dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains
more...
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mannubhai
11-18 11:13 AM
Done
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vparam
06-26 11:00 AM
Santosh_gc, I agree with you when you ask "how can illegals be granted a path to citizenship, etc" I am from Mexico and I am as much against that as you, or even more! All those illegal aliens are essentially getting a free ride and the U.S. is trying to act all "Mother Teresa" with them just to attract the vote of Hispanics. It's sickening!
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
Guys all are sufferring, we are aall looking for an answer. cool down, let us not get into giving numberusa are vicotry for their divide and rule strategy. we will see something come out by next summer whoever comes to power. we just needs to see for sucess in our path. Let me apolozice for any offensive remark by any community against any other community and close this chapter and look at ways to highlight our plight.
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
Guys all are sufferring, we are aall looking for an answer. cool down, let us not get into giving numberusa are vicotry for their divide and rule strategy. we will see something come out by next summer whoever comes to power. we just needs to see for sucess in our path. Let me apolozice for any offensive remark by any community against any other community and close this chapter and look at ways to highlight our plight.
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vadapav
05-06 01:20 PM
I did landing over this weekend and posted my experience in following thread:
http://immigrationvoice.org/forum/showthread.php?t=18792&page=2
http://immigrationvoice.org/forum/showthread.php?t=18792&page=2
vinnysuru
03-05 05:00 PM
OK gurus need your help with this!
Appreciate your efforts in helping all of us. Thanks.
My questions are:
I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.
My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
Appreciate your efforts in helping all of us. Thanks.
My questions are:
I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.
My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
bskrishna
12-07 02:40 PM
Is it going to hurt if we wait for some more time.It is not that we are missing getting our green cards and our priority dates are current. I have also got my case transferred from NSC-->CSC--> TSC. I agree that stuttling the paper work around the country is an extremely inefficient way to conduct business, but that is what CIS is. I got my transfer notice on the October 5th. I guess they will need more time to get my paper work and schedule an FP appointment.
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