fromnaija
03-30 11:56 AM
As a parent of a kid who nearly aged out but got saved by the July 2007 fiasco, I really understand the pains of legal immigrant parents whose children face this issue. Even now, I don't know what my sons would do if my I-485 is denied as two of them are now over 21!
I would support this issue and send faxes and call my Senators and Representatives.
Congress should not be rewarding children of illegal immigrants while neglecting to act on same issues that children of legal immigrants face.
I would support this issue and send faxes and call my Senators and Representatives.
Congress should not be rewarding children of illegal immigrants while neglecting to act on same issues that children of legal immigrants face.
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darslee
07-07 12:24 PM
Love your message!:)
VJDJ
07-02 07:34 PM
Here are my two cents on this issue:
There are two aspects, Unlawful Status and Unlawful Presence as per this memo. Unlawful presence is accrued when you non immigrant visa has expired without any I-485 application pending. Unlawful presence also means you are in unlawful status as well. However, Unlawful status also accrues when your non immigrant visa has expired but you have a pending I-485 application. In the later case, you will not have unlawful presence if your I-485 application was filed before the expiry of your non immigrant visa. This aspect of unlawful presence is important when it comes to adjudicating/approving your I-485 application. You will not be penalized for unlawful presence because you did not accrue any if you have a pending I-485 application even though your non immigrant visa expired.
The problem is of deportation. The unlawful status (even with pending I-485 application) makes you a candidate for deportation because your non immigrant visa might have expired and you might be working on EAD. Even though unlawful status is not a ground for inadmissibility again in future (because you have a pending I-485 application which protects you from inadmissibility in future) but deportation itself is an issue. Why you should be deported in the first place? This is the point highlighted by Example 2 on page 10 of the memo.
I hope it makes sense. My 2 cents.
There are two aspects, Unlawful Status and Unlawful Presence as per this memo. Unlawful presence is accrued when you non immigrant visa has expired without any I-485 application pending. Unlawful presence also means you are in unlawful status as well. However, Unlawful status also accrues when your non immigrant visa has expired but you have a pending I-485 application. In the later case, you will not have unlawful presence if your I-485 application was filed before the expiry of your non immigrant visa. This aspect of unlawful presence is important when it comes to adjudicating/approving your I-485 application. You will not be penalized for unlawful presence because you did not accrue any if you have a pending I-485 application even though your non immigrant visa expired.
The problem is of deportation. The unlawful status (even with pending I-485 application) makes you a candidate for deportation because your non immigrant visa might have expired and you might be working on EAD. Even though unlawful status is not a ground for inadmissibility again in future (because you have a pending I-485 application which protects you from inadmissibility in future) but deportation itself is an issue. Why you should be deported in the first place? This is the point highlighted by Example 2 on page 10 of the memo.
I hope it makes sense. My 2 cents.
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Gravitation
05-25 10:28 AM
I've been doing a lot of reading and rereading on every single phrase of the Section 502 (d)(2) and feel that the situation is not as alarming as per the interpretation of many people (including mine).
Let's get some scalples and scissors and disect it layer by later:
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.—Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
1 the and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
Petitions for an employment-based visa: What does it mean? Somebody claimed in some thread that it means I-140 and everybody seems to believe that, as did I. But when I did some research, I found that this seems to be a general term for describing pretty much anything I-140, I-485 and even H1B, L, O visas! Here's a link to US Embassy in Stockholm, it uses the exact phrase above to refer to all kinds of visas:
http://stockholm.usembassy.gov/consulate/tempwork.html
Quote: "Once the petitioner (i.e., the U.S. employer) has received approval from the U.S. Department of Homeland Security (Bureau of Citizenship and Immigration (USCIS)) of its [I]petition for an employment-based visa (e.g., H-1B, H3, L, O, P) on your behalf, obtain the original approval notice USCIS Form I-797)"
Moreover, I-140 is called "Immigrant Petition for Alien Worker". If the legislators meant I-140, they could have simply used that exact language, don't you think?
So this section could refer to anybody who filed for an LC already. Still need more definitive explanation of this term though.
the date of the introduction: We need some professional legal brain to tell us what it means! Most believe it's date May 21st 2007. Some say it'll be date of introduction in the house. I have no idea what to believe. Why isn't it when Reid introduced S.1348 in the senate (early May); afterall, bill is still called S.1348 and it was introduced then. May 21st is the date when its text got replaced!
One thing is for sure though, the bill does make very clear that there are three distinct dates:
Date of Enactment (when the prez signs it)
Effective Date (first day of the next fiscal, probably Oct 1st, 2008 for most sections), Please note, it's different for different sections!
Date of Introduction (Somebody tell us!)We need some definitive information on Date of Introduction. No guesswork please (we've had enough of that)! If you have a lawyer friend, call her/him!
preserve the immigrant visa priority date accorded by the date of filing of such labor certification application: This has been another hole in our previous theory! If non I-140 LC'ers have to file in the new merit based system, what's all this about preserving the priority date?! Afterall, priority date is meaningless in the merit bases system!
I think it's resolved if we assume that even the i-140 LC'ers will get to follow the old system!
Also, I think this line is there for all who'll have their GC's pending at the enacement of this bill, whatever is pending them (I-1485, I-140, LC etc.)... afterall, saving PD is for everybody, not just for non I-140 filers.
Bottomline: A lot of these things really get cleared only after USCIS makes rules and regulation to implement this law. I'll bet that even they will have to discuss some of these matters a lot before determining what'll be what.
So, at this point, we don't know if we should be really alarmed or not. Hitherto, I've been a strong voice for the worst case scenario. My apologies if it has caused any unnecessary alarm.
Once again, if you have definitive intrepretation of "date of introduction", let us know.
I'll still recommend filing I-140 ASAP if you haven't already; it cannot hurt.
Let's get some scalples and scissors and disect it layer by later:
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.—Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
1 the and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
Petitions for an employment-based visa: What does it mean? Somebody claimed in some thread that it means I-140 and everybody seems to believe that, as did I. But when I did some research, I found that this seems to be a general term for describing pretty much anything I-140, I-485 and even H1B, L, O visas! Here's a link to US Embassy in Stockholm, it uses the exact phrase above to refer to all kinds of visas:
http://stockholm.usembassy.gov/consulate/tempwork.html
Quote: "Once the petitioner (i.e., the U.S. employer) has received approval from the U.S. Department of Homeland Security (Bureau of Citizenship and Immigration (USCIS)) of its [I]petition for an employment-based visa (e.g., H-1B, H3, L, O, P) on your behalf, obtain the original approval notice USCIS Form I-797)"
Moreover, I-140 is called "Immigrant Petition for Alien Worker". If the legislators meant I-140, they could have simply used that exact language, don't you think?
So this section could refer to anybody who filed for an LC already. Still need more definitive explanation of this term though.
the date of the introduction: We need some professional legal brain to tell us what it means! Most believe it's date May 21st 2007. Some say it'll be date of introduction in the house. I have no idea what to believe. Why isn't it when Reid introduced S.1348 in the senate (early May); afterall, bill is still called S.1348 and it was introduced then. May 21st is the date when its text got replaced!
One thing is for sure though, the bill does make very clear that there are three distinct dates:
Date of Enactment (when the prez signs it)
Effective Date (first day of the next fiscal, probably Oct 1st, 2008 for most sections), Please note, it's different for different sections!
Date of Introduction (Somebody tell us!)We need some definitive information on Date of Introduction. No guesswork please (we've had enough of that)! If you have a lawyer friend, call her/him!
preserve the immigrant visa priority date accorded by the date of filing of such labor certification application: This has been another hole in our previous theory! If non I-140 LC'ers have to file in the new merit based system, what's all this about preserving the priority date?! Afterall, priority date is meaningless in the merit bases system!
I think it's resolved if we assume that even the i-140 LC'ers will get to follow the old system!
Also, I think this line is there for all who'll have their GC's pending at the enacement of this bill, whatever is pending them (I-1485, I-140, LC etc.)... afterall, saving PD is for everybody, not just for non I-140 filers.
Bottomline: A lot of these things really get cleared only after USCIS makes rules and regulation to implement this law. I'll bet that even they will have to discuss some of these matters a lot before determining what'll be what.
So, at this point, we don't know if we should be really alarmed or not. Hitherto, I've been a strong voice for the worst case scenario. My apologies if it has caused any unnecessary alarm.
Once again, if you have definitive intrepretation of "date of introduction", let us know.
I'll still recommend filing I-140 ASAP if you haven't already; it cannot hurt.
more...
Sakthisagar
08-10 01:19 PM
It was just a question. There was no need to be derisive.
That was just an answer, dont take it personally, the present day situatin in our country India and its ministries and minister and the Gov. etc. I thought about that for a minute. no hurt feelings here.
That was just an answer, dont take it personally, the present day situatin in our country India and its ministries and minister and the Gov. etc. I thought about that for a minute. no hurt feelings here.
pappu
07-28 12:17 PM
just found this online on http://www.cirnow.org/content/en/action_getting_press.htm. Has some helpful hints. members should make sure to send emails to editors/reporters of any news story they come across related to immigration. promoting website is also another useful point. If people have ideas regarding this, pls. let us know on this thread.
The Top 10 Ways of Getting Press in the 21st Century
1. Develop Messengers
-- Unusual messengers draw the press (i.e. businessperson, respected leader, clergy, etc.)
-- Individuals impacted by law and/or lack of action are the best messengers.
2. Set up a Communications Program
-- Develop media lists, get intern to keep updated
-- Have an internal system for how press calls are handled efficiently and effectively
-- Return calls promptly
3. Press Releases
-- Establish relationships with reporters
-- Respond promptly to current crises or breaking news
-- Use email to contact reporters
4. Create a Media Event
-- Press conferences, briefings or interesting events
-- Find hooks (holidays, anniversaries, etc.)
5. Op-eds/Letters to the Editor
-- You can control the message in what you write.
-- Letters to the Editor are often printed (follow tips on page 22)
-- Use important signatories
6. Editorials and Columns
-- Visit your editorial boards, bring diverse group
-- Pitch stories to columnists
7. Pitching Stories to Reporters/radio shows/TV talk shows
-- Get to know your reporters well so you know what they�re interested in
-- Don�t worry about getting a �no�, if you do try again
8. Publications/Studies
-- Reporters love studies, it doesn�t need to be complex (i.e. interview your clients about their concerns and possible solutions and turn it into publication)
-- Do a big press conference with researcher
9. Website
-- Keep it updated, promote it
10. Track Press Coverage
-- Look on websites every day (have intern do it)
-- Listen to radio, TV, cable talk shows
The Top 10 Ways of Getting Press in the 21st Century
1. Develop Messengers
-- Unusual messengers draw the press (i.e. businessperson, respected leader, clergy, etc.)
-- Individuals impacted by law and/or lack of action are the best messengers.
2. Set up a Communications Program
-- Develop media lists, get intern to keep updated
-- Have an internal system for how press calls are handled efficiently and effectively
-- Return calls promptly
3. Press Releases
-- Establish relationships with reporters
-- Respond promptly to current crises or breaking news
-- Use email to contact reporters
4. Create a Media Event
-- Press conferences, briefings or interesting events
-- Find hooks (holidays, anniversaries, etc.)
5. Op-eds/Letters to the Editor
-- You can control the message in what you write.
-- Letters to the Editor are often printed (follow tips on page 22)
-- Use important signatories
6. Editorials and Columns
-- Visit your editorial boards, bring diverse group
-- Pitch stories to columnists
7. Pitching Stories to Reporters/radio shows/TV talk shows
-- Get to know your reporters well so you know what they�re interested in
-- Don�t worry about getting a �no�, if you do try again
8. Publications/Studies
-- Reporters love studies, it doesn�t need to be complex (i.e. interview your clients about their concerns and possible solutions and turn it into publication)
-- Do a big press conference with researcher
9. Website
-- Keep it updated, promote it
10. Track Press Coverage
-- Look on websites every day (have intern do it)
-- Listen to radio, TV, cable talk shows
more...
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Kushal
06-13 09:18 PM
One of the bigger divisions in Immigration voice came about when the core group made a decision earlier this year to support/lobby for 485 filing in the absence of visa availability.
NOW VIRTUALLY EVERYONE HAS A CHANCE TO FILE 485! I hope that now this brings some unity and allows us to focus on the real issues and with an unified theme.
Per copuntry quotas, inefficient background checks, inadequate visa numbers, inefficiencies at BECs etc should become the rallying theme.
I am hopeful that this will ironically serve to unite us. I worry that we all file 485s and rest on our laurels. Remember folks until we get the green card we are not out of the woods.
Yep...fund drive...!! guys...sign up for all of your booze money.... drinking is not good for you..:D
NOW VIRTUALLY EVERYONE HAS A CHANCE TO FILE 485! I hope that now this brings some unity and allows us to focus on the real issues and with an unified theme.
Per copuntry quotas, inefficient background checks, inadequate visa numbers, inefficiencies at BECs etc should become the rallying theme.
I am hopeful that this will ironically serve to unite us. I worry that we all file 485s and rest on our laurels. Remember folks until we get the green card we are not out of the woods.
Yep...fund drive...!! guys...sign up for all of your booze money.... drinking is not good for you..:D
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vine93
04-06 11:12 AM
http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/fsbillcont3/CA6F4162C4FA404687257547007B350F?Open&file=170_01.pdf
more...
ashwin_27
02-24 05:32 PM
Understand.
In general, the basic challenge boils down to what was mentioned in forever_waiting's previous post. It would have been great if IV had the neccessary resources and people to focus on PR and educating and incorporating new members into relevant immigration advocacy activities. But the bottom line is we have very few grass roots volunteers and so one cannot expect the corporate structure with hundreds of volunteers being assigned specific duties. We all have 9-5 jobs and keep in touch via the forum and chip in when IV-core needs efforts on a particular action item (or ongoing action items like meeting lawmakers).
We are a grass roots org and the onus is on the member to seek out information ways to participate (contact starsun..maybe a 2nd, 3rd or 4th time if you do not hear back immediately - since she is single-handedly coordinating memberships, supporting IV core etc). There is a wiki site with plenty of resources as well. Once people actually get involved and get an opportunity to have a conversation with pappu or aman, you will never again question IV's intent or honesty.
Blaming the IV platform for not reaching out to you is a misconception....the actual approach should be the other way around.
You now know the groups involved now and you know the people to contact. Hope that answered your questions. See you in DC in April.. Hopefully.
I spoke with StarSun
I'll contribute in any way i can
The point and focus of my post on here was to make IV a little more open and welcoming towards new members. There is understandable frustration among many. Taking it out on each other is simply a waste of time.
In general, the basic challenge boils down to what was mentioned in forever_waiting's previous post. It would have been great if IV had the neccessary resources and people to focus on PR and educating and incorporating new members into relevant immigration advocacy activities. But the bottom line is we have very few grass roots volunteers and so one cannot expect the corporate structure with hundreds of volunteers being assigned specific duties. We all have 9-5 jobs and keep in touch via the forum and chip in when IV-core needs efforts on a particular action item (or ongoing action items like meeting lawmakers).
We are a grass roots org and the onus is on the member to seek out information ways to participate (contact starsun..maybe a 2nd, 3rd or 4th time if you do not hear back immediately - since she is single-handedly coordinating memberships, supporting IV core etc). There is a wiki site with plenty of resources as well. Once people actually get involved and get an opportunity to have a conversation with pappu or aman, you will never again question IV's intent or honesty.
Blaming the IV platform for not reaching out to you is a misconception....the actual approach should be the other way around.
You now know the groups involved now and you know the people to contact. Hope that answered your questions. See you in DC in April.. Hopefully.
I spoke with StarSun
I'll contribute in any way i can
The point and focus of my post on here was to make IV a little more open and welcoming towards new members. There is understandable frustration among many. Taking it out on each other is simply a waste of time.
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sbindval
09-07 09:14 AM
landed jan 99
pd 12/2005 - eb3
pd 12/2005 - eb3
more...
sr1973
08-01 12:10 PM
both me and my wife's I-485 got soft lud on 08/01/2008 today
EB2
PD 01/13/2006
RD 07/02/2007
ND 11/01/2007
NSC
Rock n roll begins
EB2
PD 01/13/2006
RD 07/02/2007
ND 11/01/2007
NSC
Rock n roll begins
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jonty_11
07-26 02:05 PM
after all that ensued....most likely they will not back out on their July 17th statement that they will honor Orig July VB.
Now talking to just one lady and asking her 12 times means nothing.....
Most of th eCSR do not have the knowledge or do not care and will given u random answers...if u call second time another CSR would give u s different explanation altogether...so unless we see appplications being rejected we have no grounds to believe USCIS is backing away from its Promise....and nether can we do anything about it untill we see mass rejections for application filed on or before Aug 17th
Now talking to just one lady and asking her 12 times means nothing.....
Most of th eCSR do not have the knowledge or do not care and will given u random answers...if u call second time another CSR would give u s different explanation altogether...so unless we see appplications being rejected we have no grounds to believe USCIS is backing away from its Promise....and nether can we do anything about it untill we see mass rejections for application filed on or before Aug 17th
more...
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Sandeep
03-19 01:17 PM
Guys, please do not misunderstand me, I do not like this either, but I can see strong arguments for this too.
I understand that. What I and you are trying to do is raise all possible arguments and their counterpoints
American Senator/Congressman - The need for the higher skilled Indians and chinese is being taken care of by the higher education clause, so why should I make it easier for people without those skills to come to US? The way I see it, I need the Indians and chinese to help me in the R&D labs, and in some high end technology/business.
We have to actually explain to them that STEM does not take care of all EB that is good for America. There are people who have skill set that is also very valuable. And ofcourse, we are not talking about people with no educational backgrounds here - the EB category requires at least a Bachelors. So it is not only R&D labs - there are jobs for which there are no takers in the American Labor Market.
I understand that. What I and you are trying to do is raise all possible arguments and their counterpoints
American Senator/Congressman - The need for the higher skilled Indians and chinese is being taken care of by the higher education clause, so why should I make it easier for people without those skills to come to US? The way I see it, I need the Indians and chinese to help me in the R&D labs, and in some high end technology/business.
We have to actually explain to them that STEM does not take care of all EB that is good for America. There are people who have skill set that is also very valuable. And ofcourse, we are not talking about people with no educational backgrounds here - the EB category requires at least a Bachelors. So it is not only R&D labs - there are jobs for which there are no takers in the American Labor Market.
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bigboy007
11-02 12:33 PM
You have been punished by the other site and all your posts are deleted. I just saw that. You were trying to help people get EAD.
never mind they dont want ppl to come here...Business sense... thats ok
never mind they dont want ppl to come here...Business sense... thats ok
more...
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srikondoji
07-26 01:51 PM
lets start a thread on this so called friend of a member:p
Was he current June or July?
Did he sent the package on jun 28/29th for July 2nd delivery?
Tell us more, we need to be busy. pleaseeeeeeeeeeee.
guys chill out... one person's post does not make it true...we have no idea the question bigboy 7 asked.. or how he asked it...this is all based on his view...i would ignore it.
i have heard from a member who knows of a friend whose checks were cashed last weekend. I have not posted details about it because there is no way to verify for sure.
Was he current June or July?
Did he sent the package on jun 28/29th for July 2nd delivery?
Tell us more, we need to be busy. pleaseeeeeeeeeeee.
guys chill out... one person's post does not make it true...we have no idea the question bigboy 7 asked.. or how he asked it...this is all based on his view...i would ignore it.
i have heard from a member who knows of a friend whose checks were cashed last weekend. I have not posted details about it because there is no way to verify for sure.
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pappu
05-05 01:58 PM
can IV contact immigration-law.com, Murthy.com, immigration.com etc sites so that they can put these banner ads. these sites are visited by GC seekers and would help IV get focussed attention from people who share our concerns.
Users you can put them on your personal webpages and blogs. It will help increase search engine rankings of the IV site and also bring more people to this organization.
IV admin, if you think they are good, could you also post it on resources page so that others could download. These files are embedded in earlier posts and will be tough for others to know about them.
Users you can put them on your personal webpages and blogs. It will help increase search engine rankings of the IV site and also bring more people to this organization.
IV admin, if you think they are good, could you also post it on resources page so that others could download. These files are embedded in earlier posts and will be tough for others to know about them.
more...
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sunny1000
05-23 10:26 PM
Thanks for the reply. I have one more doubt. Can my new employer use the old I-140 which was approved with my previous employer instead of filing a new I-140?
Regards
Nope.
Regards
Nope.
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vhd999
05-13 12:17 PM
Last week my wife came through Frankfurt from India and used AP with no ATV. No issues !
I guess sooner or later they will start enforcing the rule and it is safe to carry ATV.
I guess sooner or later they will start enforcing the rule and it is safe to carry ATV.
hairstyles quotes about haters and drama.
factoryman
06-20 11:31 AM
if the paramedical asks if you had CP vaccination (varicella), tell them, I didn't need one as I had CP during childhood
is the chicken pox vaccination (Vericella) required?? I am reading conflicting information for it. Some state not needed and some of you here have shown that its needed? :-(
is the chicken pox vaccination (Vericella) required?? I am reading conflicting information for it. Some state not needed and some of you here have shown that its needed? :-(
simple1
07-14 03:11 PM
when is the deadline ? 9/23 or 6/5 ?
IRS Clarifies Requirement for Filing FBAR Form Due This Month (http://www.irs.gov/newsroom/article/0,,id=209418,00.html)
.
Note - Emphasis added for clarity.
IRS Clarifies Requirement for Filing FBAR Form Due This Month (http://www.irs.gov/newsroom/article/0,,id=209418,00.html)
.
Note - Emphasis added for clarity.
franklin
07-04 08:42 PM
I realized I should have posted this on this thread! Sorry for the mistake...
I think it is apparent that people on this forum are frustrated with media representation and lack of understanding of the problems that our group, and those that we represent, face.
Without wishing to get into general political debates, it is probably a fair assumption that American citizens who are actively part of grassroots activism would be concerned about our situation if they knew about it.
There is a voice in numbers, and I believe it might be a good idea to reach out to organizations such as www.indymedia.com. This is a main hub, there are various regional versions of the organization.
Just another thought on how to publicize our issues.
I think it is apparent that people on this forum are frustrated with media representation and lack of understanding of the problems that our group, and those that we represent, face.
Without wishing to get into general political debates, it is probably a fair assumption that American citizens who are actively part of grassroots activism would be concerned about our situation if they knew about it.
There is a voice in numbers, and I believe it might be a good idea to reach out to organizations such as www.indymedia.com. This is a main hub, there are various regional versions of the organization.
Just another thought on how to publicize our issues.