nk2006
10-16 04:29 PM
Issue/Background:
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.
In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.
This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.
What needs to be done:
After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.
Pasting the letter and the addresses below.
More info: (thanks to gc4me for addresses and letter template):
======================
Everyone please send the letter/email to: Ombudsman
======================
Ombudsman:
cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
=======================
============================
Letter
============================
Date: Today()
To
Mr. Michael Timothy Dougherty
The Ombudsman
Citizenship and Immigration Services Ombudsman
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Re: Issues caused by USCIS not following AC21 guidelines
Dear Sir,
This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.
The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.
According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).
Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.
Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.
After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.
This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.
Should you have any further questions, please do not hesitate to contact.
Thank you in advance for your kind attention and cooperation in this matter.
Thanks,
Your Name
Your Address
Your Phone Number
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ambals03
04-30 09:54 AM
Senator John Kyl (R-Texas)
Should say:
Senator Jon Kyl - (R - AZ)
(202) 224-4521
Should say:
Senator Jon Kyl - (R - AZ)
(202) 224-4521
lp2007
09-16 02:16 AM
Just made a one time contribution of $100
Order Details - Sep 15, 2007 23:30 GMT-07:00
Google Order #412727833594707
Unfortunately I cannot be at DC, but Thank You all for the efforts.
Order Details - Sep 15, 2007 23:30 GMT-07:00
Google Order #412727833594707
Unfortunately I cannot be at DC, but Thank You all for the efforts.
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Milind123
09-16 12:02 PM
Thank you Nagireddi and Nagaraj for those quick shots. It is definitely a good start. Folks, this is a long round, so please step up and fire your shots. While we are still waiting for the Guest lady/gentleman from the West Coast, please take your shots; everyone is welcome.
I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.
I will be stepping out for sometime so please be kind enough to bump this thread if it goes off screen.
more...
gsc999
07-19 06:30 AM
A small contribution for the future goals....$500 today and more to come....
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
Thank you IV for your time, effort and support through the emotional roller coaster.
Shatabdi & Amit: Great! Thank you for your large donations of $500 each.
vkannan
02-23 08:27 PM
Lost Until Death!
~GCA
:) Good one Buddy
~GCA
:) Good one Buddy
more...
Edison99
10-21 02:18 PM
Congratulations 9years and celebrate this approval with family and friends!
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
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sanjay
07-06 11:08 AM
While IV is a big organization with 20K+ members, I haven't seen the transparency, All I have seen is tons of threads being created requesting members to donate money, However Is there any transparency in the way the money is being spent the answer is a Big NO.
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
more...
ramaonline
09-04 07:16 PM
H1 status ends once u start using EAD (This happens after u file I9 with employer) Once you start working using EAD card, you cannot maintain h1b status at the same time.
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indianindian2006
06-10 11:23 AM
snhn
what is a DWI?thanks.
Driving While Intoxicated
what is a DWI?thanks.
Driving While Intoxicated
more...
villamonte6100
04-02 02:21 PM
Fortunately the US justice system works for everybody. Thats the hallmark of this great country.
Anybody can go to a court and seek justice if they feel they have been harmed or suffered losses even by a govt body.
Ample evidence is available in court records for cases against USCIS by GC applicants for delays and errors. This not an opinion but a fact.
In this country you just don't get screwed or get a cold shoulder for seeking justice within the written laws.
Unfortunately numbskulls like villamonte and DED don't have a mental capacity to understand these concepts
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
Anybody can go to a court and seek justice if they feel they have been harmed or suffered losses even by a govt body.
Ample evidence is available in court records for cases against USCIS by GC applicants for delays and errors. This not an opinion but a fact.
In this country you just don't get screwed or get a cold shoulder for seeking justice within the written laws.
Unfortunately numbskulls like villamonte and DED don't have a mental capacity to understand these concepts
You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.
Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.
I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.
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nyte_crawler
04-25 11:51 AM
Maybe highly intelligent people make irrational decisions.:)
The current Priority date based Labor application system makes the most higly skilled immigrants bonded laborers where the employers can exploit them. This especially happens to people who are highly intelligent but donot try short routes to Green card and do not think of jumbing ahead of others in the que or moving to other companies to get green card processed faster. Reality dawn sonly when nearing the six year completion date of H1B.
We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.
The current Priority date based Labor application system makes the most higly skilled immigrants bonded laborers where the employers can exploit them. This especially happens to people who are highly intelligent but donot try short routes to Green card and do not think of jumbing ahead of others in the que or moving to other companies to get green card processed faster. Reality dawn sonly when nearing the six year completion date of H1B.
We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.
more...
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wantgc23
08-14 08:23 PM
I have read the Original quote several times and dont see how they mean June 2007, To me it is clear that they are talking about June 2008.
Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.
I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.
I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
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pappu
08-08 10:20 AM
Everyone,
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
I have recieved only one op-ed from yabadaba . Several people had promised. This is a reminder to everyone and anyone new on this forum.
For those who want to know what an op-ed is pls visit
http://en.wikipedia.org/wiki/Op-Ed
en.wikipedia.org/wiki/Op-Ed
thanks
more...
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raysaikat
01-06 12:35 AM
Couldn't agree more - especially about paying for ANY college here vs. in India.
I studied in IIT (B.Tech), got M.S. and Ph.D. from here and now a professor. My observations/opinions are as follows:
1. Up to class XII, Indian schools are good. However, there are certain fundamental differences. Indian schools teach more material and sometimes more challenging material than U.S. schools. However, the majority of the students end up merely "remembering" and not learning; even in sciences. In general, an average student from an Indian school system would "know" more than an average student from an U.S. high-school, although in my view such "knowledge" (remembering something as a "data") is worthless. However, U.S. school system tends not to kill the curiosity and creativity of the students, which Indian system does. For good and brilliant students, however, there is no clear trend; you can get excellent and creative students from both systems.
2. There are a handful of fine undergraduate institutes in India. The names comes to my mind are IITs, some RECs (Trichi used to be good), Jadavpur Univ., Roorkie, BHU, etc. (although IITs remain at a level higher than the rest). If you include maths, then count ISI's, which are better than IITs. The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.
3. M.S. onwards, Indian Universities are bad. The only quality Institute in India in Engineering at the M.S. level is IISc. You have some more in other science related disciplines like TIFR (not sure if they give M.S. degree). IITs are not good at the M.S. level and beyond (in case you did not know: M.S. students in IITs are called "Matka"s and professors never grade M.S. students in the same scale with the B.Tech students in the fear that most M.S. student would then fail! And this indeed happened; true story.).
There is indeed a severe dearth of qualified Ph.D. graduates in India. I had spoken with the director of Bell Labs in India and he finds it very difficult to find people who can work in R/D as a profession
The basic problem is finding qualified teaching staffs. Professor's salaries, even in IITs, are about 7-10 times lower than what a qualified person with an equivalent degree currently gets in Industry. No wonder they cannot find faculty members (I have---well, at least had---an open faculty position offer from the director of an IIT; they are desperate for good persons). The compensation gap is too large, even considering nice faculty housing in a good place and good community for your family inside the IIT.
By the way, no doubt there are crappy universities in the U.S. as well; especially at the M.S. level since there is no accreditation at the M.S. level.
I studied in IIT (B.Tech), got M.S. and Ph.D. from here and now a professor. My observations/opinions are as follows:
1. Up to class XII, Indian schools are good. However, there are certain fundamental differences. Indian schools teach more material and sometimes more challenging material than U.S. schools. However, the majority of the students end up merely "remembering" and not learning; even in sciences. In general, an average student from an Indian school system would "know" more than an average student from an U.S. high-school, although in my view such "knowledge" (remembering something as a "data") is worthless. However, U.S. school system tends not to kill the curiosity and creativity of the students, which Indian system does. For good and brilliant students, however, there is no clear trend; you can get excellent and creative students from both systems.
2. There are a handful of fine undergraduate institutes in India. The names comes to my mind are IITs, some RECs (Trichi used to be good), Jadavpur Univ., Roorkie, BHU, etc. (although IITs remain at a level higher than the rest). If you include maths, then count ISI's, which are better than IITs. The rest are just crappy. And I know how crappy can they be from my experience. I have the misfortune of teaching 100's of students who come here with an Anna University (or Osmania) B.Tech./B.E. degree in engineering, and knows absolutely nothing. And I am not exaggerating: they cannot write an elementary program in any language (apparently they learn something called "theoretical" computer programming in which they do not actually learn to program); does not know any mathematics (most cannot integrate x*exp(x); one student could not tell me what is f(0.7) by looking at a graph of x vs. f(x)) and cannot operate simple lab equipments. It is just unbelievable! Anyway, moving on.
3. M.S. onwards, Indian Universities are bad. The only quality Institute in India in Engineering at the M.S. level is IISc. You have some more in other science related disciplines like TIFR (not sure if they give M.S. degree). IITs are not good at the M.S. level and beyond (in case you did not know: M.S. students in IITs are called "Matka"s and professors never grade M.S. students in the same scale with the B.Tech students in the fear that most M.S. student would then fail! And this indeed happened; true story.).
There is indeed a severe dearth of qualified Ph.D. graduates in India. I had spoken with the director of Bell Labs in India and he finds it very difficult to find people who can work in R/D as a profession
The basic problem is finding qualified teaching staffs. Professor's salaries, even in IITs, are about 7-10 times lower than what a qualified person with an equivalent degree currently gets in Industry. No wonder they cannot find faculty members (I have---well, at least had---an open faculty position offer from the director of an IIT; they are desperate for good persons). The compensation gap is too large, even considering nice faculty housing in a good place and good community for your family inside the IIT.
By the way, no doubt there are crappy universities in the U.S. as well; especially at the M.S. level since there is no accreditation at the M.S. level.
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SGP
04-21 05:45 PM
Hi: Does anyone have update on how long is it taking to get PERM approvals now days? I have applied for my 2nd labor under EB3 at end of March 2011.
Replies are always appreciated. many thanks in advance.
Replies are always appreciated. many thanks in advance.
more...
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akhilmahajan
03-12 10:56 AM
Give the Core team a break. What you think they have nothing else to do?
They have families and above all they have a life. IV is not paying for their family or anything, so they have to work and earn for their livelihood. They do all this in their spare time, and not like you, who always end up criticizing.
Think before you start bashing or belittle anyone;s efforts.
Go I/V GO. TOGETHER WE CAN
They have families and above all they have a life. IV is not paying for their family or anything, so they have to work and earn for their livelihood. They do all this in their spare time, and not like you, who always end up criticizing.
Think before you start bashing or belittle anyone;s efforts.
Go I/V GO. TOGETHER WE CAN
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vparam
09-14 03:36 AM
Just can't work for it without a H1B... :)
jazz
If you have a EAD then you need not have a H1B to work for your own LLC...
jazz
If you have a EAD then you need not have a H1B to work for your own LLC...
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GCAmigo
03-13 09:49 AM
As much as I appreciate the efforts that the IV core team has put in, them being so secretive, it is almost like they have formed a cabal.
I feel 'cabal' is too strong a word.. secrecy may be but I don't see any conspiracy here..
~GCA
I feel 'cabal' is too strong a word.. secrecy may be but I don't see any conspiracy here..
~GCA
sanprabhu
07-20 10:02 AM
Actually it was lost by only 2 votes. Only 95 Senators voted and hence 57 votes would have been enough to carry it through. Really Sad. :(
That only 57 is required is not correct. The vote needs 60 to pass the motion. If no is totaling up only 37 but if yes is 59 still then it would not pass. Also if the senator is absent then it is considered a NO vote.
That only 57 is required is not correct. The vote needs 60 to pass the motion. If no is totaling up only 37 but if yes is 59 still then it would not pass. Also if the senator is absent then it is considered a NO vote.
santb1975
06-03 01:30 PM
This is great
Contributed $100 just now
(Receipt ID: 3118-4400-XXXX-XXXX).
------------
$200 contributed so far
Contributed $100 just now
(Receipt ID: 3118-4400-XXXX-XXXX).
------------
$200 contributed so far
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