frostrated
06-25 01:06 PM
Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.
Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.
Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?
Thanks for your help in advance.
you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.
Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.
Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?
Thanks for your help in advance.
you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.
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snathan
09-23 10:57 PM
First of all thanks for your valuable feedback.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.
GCchakravyuh
07-17 12:53 AM
Thanks to Business week for well presenting the facts...
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vin13
02-19 07:59 AM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:
3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.
So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
2) ICICI will not pay directly to the hospital. You will have to pay the bills directly to hospitals in the US. Take the bills to India where it will be further evaluated. You could potetially sit with thousands of dollars paid and in limbo. I do not have that kind of money to shell and wait :eek:
3) For pre-existing conditions, they will only consider paying for any emergency situation. Once the patient is stabilized, the insurance does not cover for any cure of the pre-existance condition.
So my experience with indian insurance has been bad. I have not bought any insurance yet from US for my parents. But i am more inclined towards buying insurance in US even if i have to pay a little bit more.
more...
gaz
09-02 06:47 PM
not a red-dotter - but i do believe we should leave the forums open to talk not just about immigration but also immigrant related issues.
this will help draw more people towards IV who can then contribute to IV core agenda in any way feasible for them.
also will motivate people to hang around IV even once they get their GCs or Citizenship.
I got 2 red dots for this .....Crazy people
this will help draw more people towards IV who can then contribute to IV core agenda in any way feasible for them.
also will motivate people to hang around IV even once they get their GCs or Citizenship.
I got 2 red dots for this .....Crazy people
gbadrain
08-10 03:34 AM
I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
more...
wandmaker
10-23 08:50 AM
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
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masterji
07-21 08:21 PM
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
more...
posmd
03-19 10:13 PM
Can one of you guys tell me what is the policy of the OK secretary of state on Drivers licenses for the various legal immigration statuses eg H1b, EAD with approved 140, F1 etc.?
I'm considering a move there and would appreciate your feedback.
I'm considering a move there and would appreciate your feedback.
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darkblue2007
10-13 11:58 AM
I have a close friend who has floated a company to pursue an entrepreneurial dream.
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
I dont understand why you are hesitating to do this. Since you have EAD, you can do volunteer work as long as you wont get paid. There wont be any legal hassles in doing this
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
I dont understand why you are hesitating to do this. Since you have EAD, you can do volunteer work as long as you wont get paid. There wont be any legal hassles in doing this
more...
vishwak
02-23 09:59 AM
I'm not sure about Mortgage.
But for Cars I heard below.
One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.
One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.
Forget about Banks, even Credit Unions are doing the same.
But for Cars I heard below.
One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.
One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.
Forget about Banks, even Credit Unions are doing the same.
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logiclife
01-29 07:06 PM
Wow...wait a minute here.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.
First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.
Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.
Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.
more...
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smitha_jacob
06-04 09:28 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
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cinqsit
01-23 12:47 AM
Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
if its approved I think you get it back the same day (that was back in 2007)
if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic
cinqsit
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
if its approved I think you get it back the same day (that was back in 2007)
if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic
cinqsit
more...
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forgerator
03-04 04:58 PM
Friend of mine, came to the US in 2004 to do MS in Computer Science, graduated in 2005, got a job at Microsoft, applied greencard EB2 and got greened in 2006.
Life is so unfair. but anyway congratulations!
Life is so unfair. but anyway congratulations!
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camarasa
08-09 06:00 PM
Immigration debate: Firms warn of lack of workers
Federal crackdown could force firings across the state.
By Susan Ferriss - Bee Staff Writer
Published 12:00 am PDT Thursday, August 9, 2007
California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.
People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.
Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.
As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.
The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.
Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.
Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.
"This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.
"I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."
Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."
Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.
Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.
Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.
They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.
While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.
A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.
"The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.
Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.
But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.
"He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.
"I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "
Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.
Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."
Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.
He predicted that dismissed landscapers will enter the underground economy.
Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.
"This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.
He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.
"Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.
http://www.sacbee.com/101/story/316330.html
Federal crackdown could force firings across the state.
By Susan Ferriss - Bee Staff Writer
Published 12:00 am PDT Thursday, August 9, 2007
California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.
People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.
Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.
As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.
The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.
Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.
Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.
"This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.
"I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."
Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."
Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.
Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.
Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.
They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.
While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.
A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.
"The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.
Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.
But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.
"He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.
"I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "
Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.
Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."
Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.
He predicted that dismissed landscapers will enter the underground economy.
Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.
"This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.
He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.
"Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.
http://www.sacbee.com/101/story/316330.html
more...
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willwin
08-11 10:42 AM
thanks willwin
Thank you for initiating this!
I just followed your effort.
Thank you for initiating this!
I just followed your effort.
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cheg
08-20 10:00 PM
you'll see your private message (PM) on the top right side of your screen. Just click on that. :)
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
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rsayed
02-19 10:30 PM
...don't know the answer to your other questions - but, as far as -
"how far are we from either Bill getting passed?" - Your guess is as good as IV's, my friend.
Welcome to the real world - where your GC is processed by the time you're on a rocking chair, with a walking stick in your hand...kinda like the TOI commercial where an old man gets selected for the National Cricket Team.
"how far are we from either Bill getting passed?" - Your guess is as good as IV's, my friend.
Welcome to the real world - where your GC is processed by the time you're on a rocking chair, with a walking stick in your hand...kinda like the TOI commercial where an old man gets selected for the National Cricket Team.
shimul99
09-20 04:15 PM
is there any possiblity that the EB3-ROW from Bngladesh become current soon. can you tell any approx.....days. What about in October....i heard that the new visa will be available in Oct every year. Is there any quota for different countries....??????? thanks again
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
your application will be accepted and processed (since you applied when your date was current), but it cant be approved until you are current again. So you can keep getting/renewing EADs/APs, security and background checks will happen etc, but no final approval until EB3-ROW becomes current for your PD.
GCOP
10-21 05:07 PM
I also called the number 202-224-7703. The lady told me that, it is scheduled for hearing this fall and we can check on Website judiciary.senate.gov . She said, usually they post the date, 1 week before the hearing in the committee. She is also told that, she is going to pass on the message for hearing, to the senators.
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