angelfire76
05-29 09:19 PM
http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.
Specifically this provision applies to Cognizant
Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;
Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.
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she81
07-03 06:59 PM
I digged all the comments but looks like someone is trying to bury them again and again...
samay
07-14 06:37 AM
Hi,
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
NO because I-140 is essentially an employers application.
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
NO because I-140 is essentially an employers application.
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texanguy
06-02 12:09 AM
Guys...can somebody tell me why they are not counting on EB1 & EB2 row numbers for the last quarter of 2009? Historically, these were the numbers which were transferred to oversubscribed countries, because of which priority dates well pushed way ahead. What's different this time? Even if USCIS works with tremendous efficiency, they cant really use those numbers before the quarter starts.
Nobody seems to notice this fact???
Nobody seems to notice this fact???
more...
BharatPremi
12-14 04:01 PM
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM
nojoke
10-10 04:14 AM
earlier I was bit skeptical about this idea but now as days it seems to be the only solution ..I knew markets would fall but this is beyond anything :D ...where will dow industrial stop ..I have been trying to buy some stocks but it keeps falling :D ...really worrisome ..but clearing house inventory is definitely the first step ..I don't think world can wait till next year june for home prices to rebound :D
...US has to do everything ..and this includes faster GC ..I wonder where core IV is ??
the magnitude of the problem is too big that they won't even bother to open your letters. your solution is a drop in a bucket. You think they will consider your proposals after no effect from 700 billion bailout and more injection of liquidity around the world and with england, dutch, iceland and most of Europe in even more bigger trouble. Plus 10% market crash in Asia just today. At least let the system settle down a bit before proposing these ideas to the lawmakers.
...US has to do everything ..and this includes faster GC ..I wonder where core IV is ??
the magnitude of the problem is too big that they won't even bother to open your letters. your solution is a drop in a bucket. You think they will consider your proposals after no effect from 700 billion bailout and more injection of liquidity around the world and with england, dutch, iceland and most of Europe in even more bigger trouble. Plus 10% market crash in Asia just today. At least let the system settle down a bit before proposing these ideas to the lawmakers.
more...
Rb_newsletter
01-18 08:49 PM
Still Desi companies are not following Labor laws.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.
Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?
People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.
No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.
I know a company in OHIO still exploiting H1Bs......but payroll being generated....
Hmmmmmm......USCIS this is not enough.
If you know a company report it to USCIS directly or post the details here, we will report them to USCIS. By posting this kind of annonymous, baseless complaints in forums, you are making genuine H1s look like bad.
Everywhere there are bad elements. History showed that there were corrupt senators/congress man. So do we have to penalize every senator and congressman? Should we shut the doors of the legislative assemblies and stop the elections?
People choose to work for consulting company, because no law said it is illegal. People choose to work in consulting, because we can meet different people and learn different verticals. And in IT, consulting is the main business model. Even if the application is developed in-house, the department that uses the software is called internal customer. If we can work for internal customer legally, whats wrong in working for external customer.
No business can evolve without customers. If IT consulting has grown up to this level, that means businesses welcomed consulting.
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_TrueFacts
09-04 02:29 PM
YSR is dengerous than SWINE FLUE...shame on YSR's Son.
Over 100 die after YSR's death..
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)
See what posters in Times of India say
Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.
Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!
Over 100 die after YSR's death..
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)
See what posters in Times of India say
Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.
Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!
more...
snathan
03-27 12:01 PM
You really think so?? The next PMs name is not even on your poll lists!!
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
India and Russia have set examples to the rest of the world. How? well...
Russia- by showing how communism can be at its worst
India- by happily showing how democracy can be at its... you guessed it, "worst"
Dont agree?? True Democracy, implies "for the people and by the people", right?
well in India its a tiny bit different...."For the thugs and by the thugs" Now the word thugs vary in meaning depending upon the citizen affected... for some it might simply mean "currupt" for others "looters", for some others "dishonest" and for a unfortunate majority it goes to the extent of "murderers".
Now.....still interested in wasting time with the projections for Indian PM??
Couldn't be better....nothing is going to change. World would be a better place without these thugs. Waste of time.
In my point the alliance in India - political porstitutes.
Third Front - alliance of junkies...
hair In Hanks#39; new movie quot;Larry
abhijitp
07-03 06:48 PM
dugg both.
more...
Picasa
07-27 03:58 PM
Did he run away with tail between his legs.
Kishmunn .... you take the bull by the horns.
Kishmunn .... you take the bull by the horns.
hot List All Movies
mundada
06-15 04:18 PM
I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants/productivity growth through technological enhancements will always require you to keep upgrading your skills and hence your salary.
The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.
Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.
After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!
Ivar and group,
I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.
Having said that I am for the following :
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.
3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.
4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?
The moment you were forced to enroll in MBA in an effort to upgrade your skills and hence increase your salary means American model and (comparative advantage) economics are working.
The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!
By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".
http://en.wikipedia.org/wiki/Dumping_(pricing_policy)
For your information, I like everyone was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/technological innovation/etc.
Finally protectionism does not work. Take a look at Detroit... in 1960s, 1970s and 1980s, the workers bargained for high salaries, job security, retirement benefit plans, etc., free and clear from any foreign worker competition. And now in 2009, take a look at what happened to these workers at the big three, to their house values, to their children's future, to their retirement funds, etc.
After this do you really think you can protect yourself by closing the door behind you when that is the only exit door, in case you need one!
Ivar and group,
I think you guys are missing the plot here. Let me reiterate loud and clear. I am NOT against immigrants getting GC. I will not, even in my wildest dreams, claim that the recession is due to the H1Bs and L1s. That is complete baloney spread around by the anti immigrant lobby. My point is let the deserving the GCs soon and not go thru the mindless wait I went thru.
Having said that I am for the following :
1. If the outsourcing companies would pay on an avg at 80K per head for the "well qualified" people, I am even ok with their dumping their dumping the L1s here. Why is it that you guys are ok with the L1s being dumped at 40K-60K salaries ? Shuldn't they get paid high too ? This is what I am arguing for. If the outsourcing cos dont want to pay this rate, then keep them in the country of origin. No need to depress wages here. Is this a wrong thing to ask ?
2. Grassley's bill may force some companies to move entirely to India or China. Isnt that good for India and China ? Why are the pro immigrants against this ? Some times I get the feeling as to who actually is pro and who is anti immigrant !!!! In adition, it may eliminate the many backlogs and help the deserving people here.
3. People who have made a conscious decision to immigrate here have done so considering the standard of living as one of the primary factors in their decisions. In order to enjoy this standard of living, people have to constantly upgrade skillsets to remain competitive in an industry or move to another industry where mass interest is relatively low. Why should these people's lives, after all the travails, be impacted by the low wage scum outsourcing companies. Please remember these companies, like an other company on earth, operate only on self interest. No point in supporting such companies which in adition to the self interest principle also flout rules with abandon.
4. In my opinion, self interest has alwyas resulted in the greater good of society. Do not confuse self interest with greed. Greed is what caused this financial mess. If people/companies operated with concern for greater societal good, they would have spent billions in concocting an AIDS vaccine for the children in Africa than to spend the same billions in concocting VIAGRA for the rich old men. Since employment based immigration debate involves companies' interests too, we have to balance societal good with some impact for the companies. My suggestion here is that let the outsourcers take the hit. They have always benefitted by flouting the rules. If your concern is way too high for your L1 brothers then you would find it prudent to bring in the law that clearly states "Pay high wages for the L1s or dont bring them in here". I dont understand what is wrong here ? Is it that I didnt convey my message across right or is it that people blindly support immigration ?
more...
house Here#39;s a list of other
u.misc
01-13 03:01 PM
Bummer.
tattoo Let#39;s get to the list,
unitednations
02-18 10:36 PM
In fact I guess most of the April 2001 245(i) cases are also getting through the Eb3 category...I thought that they would get into the EB3 Other workers category with the 10000 K cap........ I guess many of the cases you are referring to must be the 245(i) cases...
As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
Cooks and driving instructors getting in on H1B??? That is news to me...
Yeah, they are all 245i. If they aren't in USA; they can't get here on h-1b; job needs a degree. My point was that when people try to contrast family base with eb and which one is better; people would be surprised to know that people in family base generally would fall into definition of skilled worker and share same quota as eb3 professional but would have to wait outside usa since they wouldn't qualify for any temporary non immigrant visas.
As I remember, even when I came to US the first time in 2000, I was interviewed quite rigorously...They made me submit degree certificate and experience certificates and all...
Cooks and driving instructors getting in on H1B??? That is news to me...
Yeah, they are all 245i. If they aren't in USA; they can't get here on h-1b; job needs a degree. My point was that when people try to contrast family base with eb and which one is better; people would be surprised to know that people in family base generally would fall into definition of skilled worker and share same quota as eb3 professional but would have to wait outside usa since they wouldn't qualify for any temporary non immigrant visas.
more...
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andy007
07-04 12:42 PM
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.
You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..
You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..
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smuggymba
10-15 03:37 PM
logon ke muh mein ghee shakkar:)
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makeup Tom Hanks — 15
Legal
07-21 07:48 PM
These Unused Family Based Visas are from 2007. These Unused Family Based Visas of 2007 would be added to the following year (2008) Employment Based Visas.
The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
EB1 category.
If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!
The Unused Family Based VISAS from a perticular fiscal year made available to the Employment Based VISAS of the Follwing Fiscal Year. And the Unused EB4 and EB5 VISAS of a perticular fiscal year would be made available to the same year's
EB1 category.
If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!
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darslee
07-03 10:24 PM
I don't know about it. Anyone with details should post summary.
I think it is not relevent for EAD/AP but we can use it when we need it
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(
Hope the info clarifies the "age out" situation!
I think it is not relevent for EAD/AP but we can use it when we need it
Once a child turns 21 he/she can no longer be filed with the primary applicant. However, once the I485 is filed with USCIS the child is regarded as "safe" regardless of how long the USCIS takes to ajudicate the I485.
I have that very situation. My son turn 21 in mid-January 2008. The original July brought great relief from years of worrying about whether our PD would become "current" in time. We scrambled to get ready to file 2nd July, only to have everything collapse around us again. :(
Hope the info clarifies the "age out" situation!
hairstyles Starring Tom Hanks and Julia
leoindiano
08-15 08:17 AM
for 2 hours, Sharukh Khan may have felt like common man. WOW.
Yes, it does look stupid, every guy with name KHAN looks like terrorist for homeland security officers.
Other officers recognized him within 15 minutes, This particuler officer did not listed to them. Yes, there are some officers who think they are "Sharukh Khan"s of US immigration system.
I agree, they have every right to question him, not for 2 hours though...
Looks like this is going to help his upcoming movie with publicity.
Yes, it does look stupid, every guy with name KHAN looks like terrorist for homeland security officers.
Other officers recognized him within 15 minutes, This particuler officer did not listed to them. Yes, there are some officers who think they are "Sharukh Khan"s of US immigration system.
I agree, they have every right to question him, not for 2 hours though...
Looks like this is going to help his upcoming movie with publicity.
sandy_77
08-13 04:26 AM
I have two main questions. First question is about 221g. I am stuck in India for administrative processing (no reasons given) for the last 6 months. I would like to know if there are any legal ways of getting the process expedited. Second question is about filing I-485 while on 221g. I have an approved I-140 and if my priority date becomes current while i am still stuck under 221g, what are my options for filing I-485? Can I file or not being outside US. Will AOS be possible or do I need to go for CP? Any other options?
test101
07-04 10:33 AM
I have more emial addresses if you want them.....
2020@abc.com
360@cnn.com
48hours@cbsnews.com
60m@cbsnews.com
aaron.brown@turner.com
aaron.zitner@latimes.com
abc.news.magazines@abc.com
abenfer@salon.com
abenitez@univision.net
abramowitz@washpost.com
abramsreport@msnbc.com
achenbachj@washpost.com
ahrensf@washpost.com
aizenmann@washpost.com
alan.miller@latimes.com
alan@alan.com
alastair@scoop.co.nz
alevin@usatoday.com
allenh@washpost.com
allenm@washpost.com
amity.shlaes@ft.com
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andrea.koppel@turner.com
andrew@scoop.co.nz
aradelat@gns.gannett.com
aranam@washpost.com
areiter@salon.com
argetsinger@washpost.com
armstrongs@csps.com
arshad.mohammed@reuters.com
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billy.house@arizonarepublic.com
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bwyman@salon.com
candy.crowley@turner.com
carlsonp@washpost.com
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cchocano@salon.com
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cflintoff@npr.org
cgarrett@tribune.com
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