
desidas
02-04 05:27 PM
Logiclife,
Please review this thread:
http://immigrationvoice.org/forum/showthread.php?t=17061&page=3
What are your thoughts now?
See how this guy is harassed at POE with AP travel.
Please review this thread:
http://immigrationvoice.org/forum/showthread.php?t=17061&page=3
What are your thoughts now?
See how this guy is harassed at POE with AP travel.
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pa_arora
10-20 08:05 PM
Good to hear that 01, 02 & 03 ppl r getting approved. Atleast they are following FIFO and the line is getting shorter. Not that I am not happy abut the 06 folks who got GC but it should realistic 'First In First Out'.

roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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willwin
09-23 10:11 AM
PLEASE KEEP CALLING.
You still have 3 more hours to call.
You still have 3 more hours to call.
more...

nt07
09-03 02:11 PM
I filed for my I-485, EAD and AP on July 2nd at the Nebraska Service Center. I am EB2 with a PD of June, 04. I haven't received any receipt notices. Any one in the same boat/ who has been through this process would like to share their views? Also, given the current fiasco, by when should I expect finger printing notice and, realistically, the green card?

ohguy
09-27 09:45 PM
Which center did you apply and where did you send the supporting documents?
Did you send it to the address generated on the receipt?
We applied for my wife EAD/AP on June 7, 2010 (E-file)
Her EAD was approved in few weeks back but there is nothing on her AP.
Her LUD change was on 6/11/2010 when they issued the receipt.
We called USCIS and initiated SR. Still no change in LUD.
Infopass is not a great option for us (3 hour drive one way). Any help is appriciated.
(We used to have POJ trick for calling NSC IO directly,
Does it still work?
If yes, what are the steps?)
Thanks in advance.
485_spouse
Did you send it to the address generated on the receipt?
We applied for my wife EAD/AP on June 7, 2010 (E-file)
Her EAD was approved in few weeks back but there is nothing on her AP.
Her LUD change was on 6/11/2010 when they issued the receipt.
We called USCIS and initiated SR. Still no change in LUD.
Infopass is not a great option for us (3 hour drive one way). Any help is appriciated.
(We used to have POJ trick for calling NSC IO directly,
Does it still work?
If yes, what are the steps?)
Thanks in advance.
485_spouse
more...

dilipb
06-23 11:23 PM
While I Wrote The Check For Ead Renewal
I Wrote It To Department Of Homeland Security And Not
Us Deparment Of Homeland Security
Is It A Big Problem
USCIS people are too loaded with work to start rejecting applications for such trivial matters.
The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""
You have written the most important words, atleast u did not abbreviate!
Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.
So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.
Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.
I Wrote It To Department Of Homeland Security And Not
Us Deparment Of Homeland Security
Is It A Big Problem
USCIS people are too loaded with work to start rejecting applications for such trivial matters.
The instructions say this "NOTE: Please spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS.""
You have written the most important words, atleast u did not abbreviate!
Also remember there is NO OTHER "department of homeland security" in the world. Check has gone to USCIS office. They know u mean US, even if u did not write it.
So I am confident that their banks will cash your check. Keep a watch on your bank online. Texas cashed our checks in 7 days and also sent receipt. Dont know how Nebraska is doing. Call USCIS in 1-2 weeks if they did not cash checks.
Worst case they will send the application back. You can then quickly fix the check and resend application. Hopefully if you have applied in time, then a delay of 1-2 weeks does not matter.
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eeezzz
01-15 02:17 PM
However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down.
I don't think this is true. As a CSR, case is assigned to you, not you choose the case. I think it's the same way to IOs. PD current cases will be assigned to IO, not IO looks into paper mountains to find case to adjust.
That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
And about this, it's not abut skip or not either. Visa Office decides the date, CIS does the work. When CIS doesn't output enough work, VO thinks CIS doesn't have enough cases so they move dates forward. Direct result is therefore CP is able to process any cases that is current in hand. When this happens, more approval numbers will show, but that has nothing to do with CIS. CIS basically still process about the same amount of cases as usual.
I don't think this is true. As a CSR, case is assigned to you, not you choose the case. I think it's the same way to IOs. PD current cases will be assigned to IO, not IO looks into paper mountains to find case to adjust.
That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
And about this, it's not abut skip or not either. Visa Office decides the date, CIS does the work. When CIS doesn't output enough work, VO thinks CIS doesn't have enough cases so they move dates forward. Direct result is therefore CP is able to process any cases that is current in hand. When this happens, more approval numbers will show, but that has nothing to do with CIS. CIS basically still process about the same amount of cases as usual.
more...

eb_retrogession
01-09 09:30 AM
Greetings.
I want to take this opportunity to introduce you to this new effort taken up by a group of people badly hit by the immigration delays or we can say immigration black out in U.S..
http://www.immigrationvoice.org is a banner under which we are getting together to
1) Find solution to employment based greed card retrogression
2) Labor delay in the backlog centers.
All the members of this non-profit organization are facing severe problems due to these issues. We have started the awareness drive and professional strategic help (lobbying) efforts have started for the new Comprehensive immigration reform bill due on the floor of the Senate and House in Spring of-06. To make a difference and to have the new law passed in the way the current visa retrogression & Backlog center delays cane be addresssed with the new bill, I would request you to please spread this message or forward the email to as many people as possible.
Attached file contain the flyer. This flyer is to create awareness for this effort and add to the ongoing membership drive for http://www.immigrationvoice.org to find solution to Green Card Retrogression problem as well as the backlog centers. We are actively starting to work with the lawmakers to make appropriate changes in Comprehensive Immigration Reform Bill.
I would urge you to please go ahead and post these flyers at Chinese/Pilipino/Indian stores/religious places or anywhere you now think individuals supporting our cause will gather. Additionally, please forward the flyer to as many family members and friends as possible and request them to do the same. This will really help us with the membership drive. If you or anybody in your family wants to volunteer please let us know at info@immigrationvoice.org we need volunteers mainly to send emails and making phone calls.
Here is how you could help towards this cause and solution to retrogression & Labor Delay problem
1) Register as a member of http://www.immigrationvoice.org. It is free.
2) Post the flyers in as many places as possible. Email the flyer to all your friends and anybody you know is on H1 or applying for GC or already applied for GC. Request your friends to do the same.
3) Please contribute generously at http://www.immigrationvoice.org and know that every penny you contribute will work for you.
4) Please continue to contribute to the discussion forum at http://www.immigrationvoice.org with your ideas, information and participation that would help everybody.
Thanks for all your help .... Happy New Year!
Please forward this mail to as many friends you can.
Volunteer @ http://www.immigrationvoice.org
Flyers attached.....
I want to take this opportunity to introduce you to this new effort taken up by a group of people badly hit by the immigration delays or we can say immigration black out in U.S..
http://www.immigrationvoice.org is a banner under which we are getting together to
1) Find solution to employment based greed card retrogression
2) Labor delay in the backlog centers.
All the members of this non-profit organization are facing severe problems due to these issues. We have started the awareness drive and professional strategic help (lobbying) efforts have started for the new Comprehensive immigration reform bill due on the floor of the Senate and House in Spring of-06. To make a difference and to have the new law passed in the way the current visa retrogression & Backlog center delays cane be addresssed with the new bill, I would request you to please spread this message or forward the email to as many people as possible.
Attached file contain the flyer. This flyer is to create awareness for this effort and add to the ongoing membership drive for http://www.immigrationvoice.org to find solution to Green Card Retrogression problem as well as the backlog centers. We are actively starting to work with the lawmakers to make appropriate changes in Comprehensive Immigration Reform Bill.
I would urge you to please go ahead and post these flyers at Chinese/Pilipino/Indian stores/religious places or anywhere you now think individuals supporting our cause will gather. Additionally, please forward the flyer to as many family members and friends as possible and request them to do the same. This will really help us with the membership drive. If you or anybody in your family wants to volunteer please let us know at info@immigrationvoice.org we need volunteers mainly to send emails and making phone calls.
Here is how you could help towards this cause and solution to retrogression & Labor Delay problem
1) Register as a member of http://www.immigrationvoice.org. It is free.
2) Post the flyers in as many places as possible. Email the flyer to all your friends and anybody you know is on H1 or applying for GC or already applied for GC. Request your friends to do the same.
3) Please contribute generously at http://www.immigrationvoice.org and know that every penny you contribute will work for you.
4) Please continue to contribute to the discussion forum at http://www.immigrationvoice.org with your ideas, information and participation that would help everybody.
Thanks for all your help .... Happy New Year!
Please forward this mail to as many friends you can.
Volunteer @ http://www.immigrationvoice.org
Flyers attached.....
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learning01
04-26 07:32 PM
The dogs may bark, but the caravan passes on. Just ignore. Read and be informed; but don't post. Don't mention.
more...

dilbert_cal
05-15 12:38 AM
What is your PD ?
My personal preference is for AOS as it gives me much more flexibility. ( EAD and AC21 )
My personal preference is for AOS as it gives me much more flexibility. ( EAD and AC21 )
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rcr_bulk
06-25 12:42 PM
One of my Friend's Wife had same issue and She got H4 stamping from her country with out any problem. Visa officer asked paystub/w2's of spouse (H1b holder) and not dependent's and least bother about her previous status. Do not attach her H1b document while applying Visa.
more...
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dilipb
06-23 05:05 PM
dilip and everyone,
i have couple of questions.
1. currently i am on H1 and my wife started using EAD. First time i applied EAD and AP for both myself and my wife. Now, i don't want to renew my EAD but just renew my wife's EAD. Is this ok? What happens to my EAD after it expires. Will i be able to renew it in future or will i be able to apply for a fresh EAD based on my pending 485 with out a problem? what will be my status if i renew my wife's EAD alone with out renewing mine. will i still be on valid h1?
2. Similarly, i don't want to renew my AP as well as i have valid stamping for next 2 years. Is it fine to just renew my wife's AP alone? Will i be able to apply for a fresh AP in future based on my pending 485? wat will be my status if i renew my wife's AP alone?
3. Last time when i applied EAD and AP along with my 485 in Aug 2007, my application got transferred to Vermont from texas. i received EAD, AP from Vermont and then my 485 got transferred back to texas. For renewal of EAD & AP, shall i send applications to vermont or texas?
Answers to my questions are really appreciated. Thanks in advance for taking time to read and respond to my queries.
~Srikanth
Too tired to type, Please send me your phone number via a personal message. I will try to explain this to you.
i have couple of questions.
1. currently i am on H1 and my wife started using EAD. First time i applied EAD and AP for both myself and my wife. Now, i don't want to renew my EAD but just renew my wife's EAD. Is this ok? What happens to my EAD after it expires. Will i be able to renew it in future or will i be able to apply for a fresh EAD based on my pending 485 with out a problem? what will be my status if i renew my wife's EAD alone with out renewing mine. will i still be on valid h1?
2. Similarly, i don't want to renew my AP as well as i have valid stamping for next 2 years. Is it fine to just renew my wife's AP alone? Will i be able to apply for a fresh AP in future based on my pending 485? wat will be my status if i renew my wife's AP alone?
3. Last time when i applied EAD and AP along with my 485 in Aug 2007, my application got transferred to Vermont from texas. i received EAD, AP from Vermont and then my 485 got transferred back to texas. For renewal of EAD & AP, shall i send applications to vermont or texas?
Answers to my questions are really appreciated. Thanks in advance for taking time to read and respond to my queries.
~Srikanth
Too tired to type, Please send me your phone number via a personal message. I will try to explain this to you.
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bkarnik
11-09 09:52 AM
With the Senate also now in Democratic hands, here is the likely makeup of the new Senate Committee Chairpersons.
Sen. Harry Reid (NV) will be the new Majority Leader and Mitch McConnell(KY) will be the republican Minority Leader. The following Democratic Senators are likely to assume the Chairmanship of these committees in a Democratic Senate:
Agriculture—Tom Harkin (IA)
Appropriations—Robert Byrd (WV)
Energy and Water Appropriations Subcommittee – Patty Murray (WA) or Mary Landrieu (LA)
Armed Services—Carl Levin (MI)
Strategic Forces Subcommittee –Bill Nelson (FL)
Banking—Christopher Dodd (CT)
*Budget—Kent Conrad (ND)
Commerce, Science and Transportation—Daniel Inouye (HA)
Energy and Natural Resources-- Jeff Bingaman (NM)
Environment and Public Works—Barbara Boxer (CA)
Clean Air, Climate Change, and Nuclear Security Subcommittee – Thomas Carper (DE)
Finance—Max Baucus (MT)
Foreign Relations—Joe Biden (DE)
Health, Education, Labor and Pensions—Edward Kennedy (MA)
Homeland Security and Governmental Affairs—Joe Lieberman(CT)
Judiciary—Patrick Leahy (VT)
Small Business—John Kerry (MA)
Veterans’ Affairs—Daniel Akaka (HA)
Select Committee on Intelligence—Jay Rockefeller (WV)
All in all a very pro-immigrant Senate.
Sen. Harry Reid (NV) will be the new Majority Leader and Mitch McConnell(KY) will be the republican Minority Leader. The following Democratic Senators are likely to assume the Chairmanship of these committees in a Democratic Senate:
Agriculture—Tom Harkin (IA)
Appropriations—Robert Byrd (WV)
Energy and Water Appropriations Subcommittee – Patty Murray (WA) or Mary Landrieu (LA)
Armed Services—Carl Levin (MI)
Strategic Forces Subcommittee –Bill Nelson (FL)
Banking—Christopher Dodd (CT)
*Budget—Kent Conrad (ND)
Commerce, Science and Transportation—Daniel Inouye (HA)
Energy and Natural Resources-- Jeff Bingaman (NM)
Environment and Public Works—Barbara Boxer (CA)
Clean Air, Climate Change, and Nuclear Security Subcommittee – Thomas Carper (DE)
Finance—Max Baucus (MT)
Foreign Relations—Joe Biden (DE)
Health, Education, Labor and Pensions—Edward Kennedy (MA)
Homeland Security and Governmental Affairs—Joe Lieberman(CT)
Judiciary—Patrick Leahy (VT)
Small Business—John Kerry (MA)
Veterans’ Affairs—Daniel Akaka (HA)
Select Committee on Intelligence—Jay Rockefeller (WV)
All in all a very pro-immigrant Senate.
more...
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jsb
08-03 02:19 PM
Let us say USCIS has unused visas, which they want to allocate and they have moved cutoff dates to Jun, 2006 for EB2, similarly Sep 03 for EB3.
My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.
I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.
I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
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Macaca
06-17 07:27 AM
FBI Name Check Cited In Naturalization Delays - Official Calls Backlog 'Unacceptable' By Spencer S. Hsu and N.C. Aizenman Washington Post Staff Writers, June 17, 2007: part 1 (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365), part 2 (http://immigrationvoice.org/forum/showpost.php?p=85214&postcount=366)
more...
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styrum
02-07 01:55 PM
Can somebody clarify what it means that "salary is large enough" for EB2?
If a PWD was obtained from the state "workforce agency" and it has some number there, the job order has been placed with that number, can DOL and/or CIS later on (while processing PERM and/or I140) still say that the salary is "not good enough for EB2"? Based on which considerations and how are we and the employer supposed to know them beforehand then?
If a PWD was obtained from the state "workforce agency" and it has some number there, the job order has been placed with that number, can DOL and/or CIS later on (while processing PERM and/or I140) still say that the salary is "not good enough for EB2"? Based on which considerations and how are we and the employer supposed to know them beforehand then?
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paskal
12-17 11:32 AM
"And please remember it's bottom up that works here not top-down."
so i guess then we can count on you to give up on this one little thing and help us constructively...? join the state chapter? help with lawmaker meetings and do the grassroots stuff?
i'm not in the least asking you to leave..i would really love to see you put you energies towards required actions...and we would all be richer and better for it! :)
so i guess then we can count on you to give up on this one little thing and help us constructively...? join the state chapter? help with lawmaker meetings and do the grassroots stuff?
i'm not in the least asking you to leave..i would really love to see you put you energies towards required actions...and we would all be richer and better for it! :)
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ajay
05-13 12:16 PM
We stay in Northern Virginia around 25 miles to DC. We will be happy to host any guests who are willing to stay with us during their trip to DC.
seahawks
09-22 03:53 AM
First it wasn't 1000, we had over 2000 people registered and many joined after or did not register. So please don't say 1000, it is extremely painful for everyone who attended to be considered as "not counted".
1. Politically having a rally in D.C makes it more visible for all the law makers there. Laws/amendments and all the political activity happens there. Rallies else where would make it to one or two news cycle but won't be remembered after wards.
2. Meeting lawmakers, staff from various constituents wrapped around an event like a rally helps a lot in getting the message across. It raises a lot of awareness.
3. I would have agreed with you that numbers like 100,000 matters, but after being there and seeing the amazing capabilities of IV to organize meetings and having members meet over 100+ meetings with law makers, staff, talking to to them, sharing personal stories, advertisement and media campaigns around D.C has convinced me that it has and will make a difference! Personally for me, it was an eye opener on how the system works and I totally understood exactly why IV leaders set it up this way just by being around and them for a few days!
1. Politically having a rally in D.C makes it more visible for all the law makers there. Laws/amendments and all the political activity happens there. Rallies else where would make it to one or two news cycle but won't be remembered after wards.
2. Meeting lawmakers, staff from various constituents wrapped around an event like a rally helps a lot in getting the message across. It raises a lot of awareness.
3. I would have agreed with you that numbers like 100,000 matters, but after being there and seeing the amazing capabilities of IV to organize meetings and having members meet over 100+ meetings with law makers, staff, talking to to them, sharing personal stories, advertisement and media campaigns around D.C has convinced me that it has and will make a difference! Personally for me, it was an eye opener on how the system works and I totally understood exactly why IV leaders set it up this way just by being around and them for a few days!
pappu
10-06 12:20 AM
Hey guys, Our collective voices worked.
We got a partial correction on their on line article at the bottom which was just added after our e mails started hitting their inboxes. It is good that they realised their error. A pity it did not make it into their print edition.
See at the bottom under Amplification.
http://blogs.wsj.com/washwire/2007/10/05/republican-candidates-rev-up-for-economic-debate/
Thanks everyone for writing to the editor
We got a partial correction on their on line article at the bottom which was just added after our e mails started hitting their inboxes. It is good that they realised their error. A pity it did not make it into their print edition.
See at the bottom under Amplification.
http://blogs.wsj.com/washwire/2007/10/05/republican-candidates-rev-up-for-economic-debate/
Thanks everyone for writing to the editor