logiclife
04-23 05:29 PM
Everyone, calm down.
Gautam: We understand that you are not an IV member and you attended a public event and asked the congressman a question and got a dissatisfactory answer to your question.
It was a public event and it was well within your rights to ask your question. Fine.
Here is the issue with your questions and expectation and also with expectation of other members who have been thoroughly dissatisfied on Saturday:
1). Need to temper expectations, lawmakers are not really experts in Immigration law or any law...they set policy...they dont practice law everyday...
Firstly, your question is such that it is beyond congressman's capacity to answer. You asked about the non-immigrant intent tied to the student visa and you said that it doesnt make sense to have that non-immigrant intent on student visas and its prevent you from getting a degree from your school where you are getting/got admission.
You have to realize that these are highly technical issues and no Congressman or Senator....NONE...not even Ted Kennedy, not even John McCain (they have spent good part of this decade coming up with comprehensive bill last year) would understand deeply technical legal issues like "Non Immigrant Intent" in the law and the bills. NOT EVEN JOHN CORNYN who has spend huge time on skilled immigration and whose previous bill actually has stuff to remove the non-immigrant intent from student visa adjudication in consulates. Lawmakers work at policy level and THEIR STAFF works the details. The kind of question you asked was something that you can get answers on from a staff member. And not just any staff member, it has to the the JUDICIARY COUNSEL of the congressman or the Senator. Otherwise, they would not know the different between H1 and F1 and the difference between GC quota (140,000) and H1 Quota (65,000).
Congress passes thousands of bills each year. Each day in session, Congressmen vote on over a dozen bills. For each bill they vote, they get a 5-10 line brief description. So never expect lawmakers to know your issues in that great details.
2). Need to have a polite tone.
This point I am making is not just pertinent to you (Gautam), but to everyone. When you are dealing with a lawmaker so closely involved with a 700-page bill of which 98% is dealing with sparing the lives of 11 million illegals who are living in fear of deportation, prison, raids and separation from their children, you have to be VERY VERY CAREFUL when asking for things like "I am not getting GC therefore, I cant get promotion", "I am making only 80K and with GC I can make 120K", "I cannot go to Ivy league school for next 2 years"... Not that these arent legit issues. They are. But when a person sees questions from the undocumented community, some of them were breaking into tears when asking questions...your questions and your tone has to be very careful. I dont know if anyone stayed thru the end. I and Pratik were there till the end and we talked to Congressman after the crowd dispersed and there were just some reporters, organizers etc at around 7:45 PM. Some questions towards the end,...people were breaking into tears when asking..."my son cannot go to school anywhere next year when he grads from highschool"..."When are the raids going to stop"...etc. These guys are plucked from their homes and workplace and their Kids actually end up on the streets as it recently happened in New Bedford, Massachussetts. Kids were unable to go home (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)beause their parents didnt come from work (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/350_are_held_in_immigration_raid/)and there wasnt anyone from social services notified about the parents being picked up by Immigration enforcement.
In the environment, when children possibly become homeless/lost/kidnapped because their parents are in jail suddenly, (read news articles on raids in New Bedford Massachussets (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)), IF YOU DONT HAVE A VERY SOFT AND POLITE TONE and a very compelling story, your point is going to backfire and you will risk looking like RICH SPOILED AND PRIVILEGED KIDS who ALREADY HAVE LEGAL STATUS and ALREADY HAVE PATH TO CITIZENSHIP and are yelling on top of their lungs to speed that up.
Your case is legit, not doubt, but WHEN IN CONTRAST with undocumented, you run the risk of looking like snobs and elitists. That's just how it is. And lawmakers dont exactly get goosebumps when you name-drop words like "Harvard", "Stanford" and "Berkeley" and "U Penn". Its not like they are going to go weak on their knees when you say "I went to harvard and how dare you dont get me a Greencard. I will go back to India/China". It doesnt really make a difference to them. They have people WORKING FOR THEM in their staff who went to Ivy league schools.
And frankly, Gautam, your tone of asking the question was..."what are you doing about this...you dont understand what you are losing , you will lose us to India and China and France"....is THE WRONG TONE. It was nowhere near polite or calm. It was pretty "WTF" attitude like you said we should all use, and IT WONT WORK. If shouting out, yelling, soundbites and rhetoric would have worked, we would have gotten the job done a long time ago.
Merits of the issue and argument is one thing...no matter how strong your point is YOU HAVE TO be POLITE and be FRIENDLY and ask nicely. Otherwise you will really get nothing back from your lawmakers.
Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.
Gautam: We understand that you are not an IV member and you attended a public event and asked the congressman a question and got a dissatisfactory answer to your question.
It was a public event and it was well within your rights to ask your question. Fine.
Here is the issue with your questions and expectation and also with expectation of other members who have been thoroughly dissatisfied on Saturday:
1). Need to temper expectations, lawmakers are not really experts in Immigration law or any law...they set policy...they dont practice law everyday...
Firstly, your question is such that it is beyond congressman's capacity to answer. You asked about the non-immigrant intent tied to the student visa and you said that it doesnt make sense to have that non-immigrant intent on student visas and its prevent you from getting a degree from your school where you are getting/got admission.
You have to realize that these are highly technical issues and no Congressman or Senator....NONE...not even Ted Kennedy, not even John McCain (they have spent good part of this decade coming up with comprehensive bill last year) would understand deeply technical legal issues like "Non Immigrant Intent" in the law and the bills. NOT EVEN JOHN CORNYN who has spend huge time on skilled immigration and whose previous bill actually has stuff to remove the non-immigrant intent from student visa adjudication in consulates. Lawmakers work at policy level and THEIR STAFF works the details. The kind of question you asked was something that you can get answers on from a staff member. And not just any staff member, it has to the the JUDICIARY COUNSEL of the congressman or the Senator. Otherwise, they would not know the different between H1 and F1 and the difference between GC quota (140,000) and H1 Quota (65,000).
Congress passes thousands of bills each year. Each day in session, Congressmen vote on over a dozen bills. For each bill they vote, they get a 5-10 line brief description. So never expect lawmakers to know your issues in that great details.
2). Need to have a polite tone.
This point I am making is not just pertinent to you (Gautam), but to everyone. When you are dealing with a lawmaker so closely involved with a 700-page bill of which 98% is dealing with sparing the lives of 11 million illegals who are living in fear of deportation, prison, raids and separation from their children, you have to be VERY VERY CAREFUL when asking for things like "I am not getting GC therefore, I cant get promotion", "I am making only 80K and with GC I can make 120K", "I cannot go to Ivy league school for next 2 years"... Not that these arent legit issues. They are. But when a person sees questions from the undocumented community, some of them were breaking into tears when asking questions...your questions and your tone has to be very careful. I dont know if anyone stayed thru the end. I and Pratik were there till the end and we talked to Congressman after the crowd dispersed and there were just some reporters, organizers etc at around 7:45 PM. Some questions towards the end,...people were breaking into tears when asking..."my son cannot go to school anywhere next year when he grads from highschool"..."When are the raids going to stop"...etc. These guys are plucked from their homes and workplace and their Kids actually end up on the streets as it recently happened in New Bedford, Massachussetts. Kids were unable to go home (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)beause their parents didnt come from work (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/350_are_held_in_immigration_raid/)and there wasnt anyone from social services notified about the parents being picked up by Immigration enforcement.
In the environment, when children possibly become homeless/lost/kidnapped because their parents are in jail suddenly, (read news articles on raids in New Bedford Massachussets (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)), IF YOU DONT HAVE A VERY SOFT AND POLITE TONE and a very compelling story, your point is going to backfire and you will risk looking like RICH SPOILED AND PRIVILEGED KIDS who ALREADY HAVE LEGAL STATUS and ALREADY HAVE PATH TO CITIZENSHIP and are yelling on top of their lungs to speed that up.
Your case is legit, not doubt, but WHEN IN CONTRAST with undocumented, you run the risk of looking like snobs and elitists. That's just how it is. And lawmakers dont exactly get goosebumps when you name-drop words like "Harvard", "Stanford" and "Berkeley" and "U Penn". Its not like they are going to go weak on their knees when you say "I went to harvard and how dare you dont get me a Greencard. I will go back to India/China". It doesnt really make a difference to them. They have people WORKING FOR THEM in their staff who went to Ivy league schools.
And frankly, Gautam, your tone of asking the question was..."what are you doing about this...you dont understand what you are losing , you will lose us to India and China and France"....is THE WRONG TONE. It was nowhere near polite or calm. It was pretty "WTF" attitude like you said we should all use, and IT WONT WORK. If shouting out, yelling, soundbites and rhetoric would have worked, we would have gotten the job done a long time ago.
Merits of the issue and argument is one thing...no matter how strong your point is YOU HAVE TO be POLITE and be FRIENDLY and ask nicely. Otherwise you will really get nothing back from your lawmakers.
Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.
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royus77
06-22 04:00 PM
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
You wont get the copy of I 140 using FOI act ( its a company document) unless your employer/Attorney is willing to share with you.You dont require copy of I 140 to move after 6 months using AC21 . All you need to know that you are moving to a similar position .for that a copy of your approved LC is sufficient
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
You wont get the copy of I 140 using FOI act ( its a company document) unless your employer/Attorney is willing to share with you.You dont require copy of I 140 to move after 6 months using AC21 . All you need to know that you are moving to a similar position .for that a copy of your approved LC is sufficient
varshadas
02-08 08:23 PM
Its OK either way. Everyone is not needed. It does not matter if you are not from the district. If you can't make it, don't sweat it. Hemal is coming. Two of us should be OK.
Btw, what happened to the flyer distribution at Metropark?
Thanks,
Varsha
Btw, what happened to the flyer distribution at Metropark?
Thanks,
Varsha
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kaisersose
07-24 02:05 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
more...
rsayed
11-20 11:13 PM
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
prinive
04-07 04:43 PM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
PD Sep 2001
EB3 India.
more...
coopheal
03-20 11:31 AM
I work for a very reputed company. Lawyers filed EB3 because it was easy for them. At that time everything was current and nobody really cared about EB2/EB3.
Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
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Administrator2
04-20 07:38 PM
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
more...
maddipati1
03-12 07:20 AM
ur and some others optimism amazes me.. :D
seems like u r already planning for getting ready for next visa bull(shit)etin ... and after parties... :D
now looks like dates would move only after july..
seems like u r already planning for getting ready for next visa bull(shit)etin ... and after parties... :D
now looks like dates would move only after july..
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kaisersose
02-21 04:19 PM
Thats true. There will be supply of more 485s to the pool but that will be from EB1 and EB2 row which are always current. I guess you could reduce the 140k/year based on those numbers but since these cats are always current does it suggest there is not much demand?
Yes. Current means Supply is more than Demand.
Yes. Current means Supply is more than Demand.
more...
jungalee43
01-19 05:49 AM
I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.
http://immigrationvoice.org/forum/showthread.php?p=1265#post1265
I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
http://immigrationvoice.org/forum/showthread.php?p=1265#post1265
I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
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gcdreamer05
10-20 01:31 PM
Obama or Mccain or Joe the plumber whoever becomes the next president, the bottom line is, nothing is going to happen with regards to reforms for legal immigration atleast for teh first 1-2 years. So we are all still going to keep posting in IV forums, predicting VB dates and fighting between Eb2 and Eb3..... that is really the sad reality....... because these guys have far more important issues to deal and to steer titanic america.......
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zram1977
06-08 06:08 PM
Welcome to the club, China! :D
What is the status of unused Eb1 /Eb2 visas of ROW?
Will it spill over or be wasted?
GOK
What is the status of unused Eb1 /Eb2 visas of ROW?
Will it spill over or be wasted?
GOK
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indianindian2006
07-14 06:49 PM
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
Good luck.
This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
Good luck.
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alex99
10-31 07:46 AM
Bump
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chanduv23
11-14 11:41 AM
^^^^^^^^^^^^^
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nomi
12-12 04:57 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)
According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable
http://www.immigration-law.com/
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
12/11/2006: USCIS Considers Termination of Concurrent Filing (140/485)
According to the USCIS rule-making agenda, the USCIS is to propose to terminate current concurrent I-140 and I-485 filing. The proposed rule is scheduled to be published in March 2007 with 60-day comment period. It is thus not imminent, but in the later part of next year(Oops!), the immigrant community may see a totally different filing procedure including electronic registration and filing just like current PERM labor certificaiton application procedure. Once the concurrent filing is terminated, the immigrants may experience a terrible pain as related to maintenance of nonimmigrant status pending I-140 petition, eligibility for 245K benefit, plus unavailability of EAD and AP pending I-140 petition, AC-21 180-day portability, etc. etc. Should the I-140 petition processing be dragged, the pain will be extremely unbearable
http://www.immigration-law.com/
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whitecollarslave
01-18 01:36 PM
Talking about ID cards, wouldn't a driver's license be a proof of legal stay? With the new rules they check for immigration status before issuing a drivers license. People who are tourists or visitors will not have a US state issued drivers license.
In my case, my driver's license is valid till my H1 validity.
In my case, my driver's license is valid till my H1 validity.
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abd
09-23 09:47 AM
Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
feedfront
09-20 12:06 PM
Does anyone know, how much attorney gonna charge to reply RFE?
vin
06-12 03:02 PM
http://www.latimes.com/news/nationworld/nation/la-na-immig13jun13,1,432583.story?coll=la-headlines-nation
There are splits within the Republican and Democratic parties over the issue, but both sides say they think they can muster 60 votes -- the number needed to overcome a filibuster -- if they can resolve their procedural issues.
McConnell said he thought it was unlikely the president's visit would sway many Republicans. "I think most senators have pretty well made up their minds where they are on this, and I think there are a reasonable number of Republicans who in the end are likely to help get us get it through," McConnell said in a conference call with reporters.
There are splits within the Republican and Democratic parties over the issue, but both sides say they think they can muster 60 votes -- the number needed to overcome a filibuster -- if they can resolve their procedural issues.
McConnell said he thought it was unlikely the president's visit would sway many Republicans. "I think most senators have pretty well made up their minds where they are on this, and I think there are a reasonable number of Republicans who in the end are likely to help get us get it through," McConnell said in a conference call with reporters.
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