Question about L2 and work authorisation
#1
Guest
Posts: n/a
Question about L2 and work authorisation
Hi,
My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.
In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).
On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).
He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?
Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.
Thanks in advance
rk164
My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.
In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).
On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).
He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?
Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.
Thanks in advance
rk164
#2
Joined: Feb 2002
Posts: 6,848
Re: Question about L2 and work authorisation
Originally Posted by Rk164
Hi,
My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.
In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).
On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).
He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?
Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.
Thanks in advance
rk164
My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.
In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).
On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).
He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?
Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.
Thanks in advance
rk164
My husband's company attorney's (Fragomens) applied on my behalf and charged $500 for it ( a rip off LOL but the company paid for it!).
#3
Re: Question about L2 and work authorisation
Originally Posted by Rk164
Hi,
My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.
In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).
On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).
He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?
Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.
Thanks in advance
rk164
My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.
In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).
On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).
He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?
Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.
Thanks in advance
rk164
#4
Guest
Posts: n/a
Re: Question about L2 and work authorisation
rk164 wrote:
> Hi,
>
> My wife has the opportunity to go and work in the US from the UK on a
> company transfer L1 visa.
>
> In order to do this I would need to give up my job and look to work in
> the US. I understand that I would get an L2 visa and would need to apply
> for a work authorisation permit (EAD).
>
> On speaking to the company lawyer, my wife was told that this was not a
> recommended way since its very unlikely that I would be granted a work
> permit (EAD).
>
> He suggested that as soon as we get to the US on L1/L2 we apply for
> greencards, and that once I have applied for a greencard I would be able
> to get a work permit?
If one has a greencard no "work permit" is necessary. As a permanent
resident (ie, greencard holder) work is permitted without restriction
and no other documentation is required (except that to complete the I-9)
> Hi,
>
> My wife has the opportunity to go and work in the US from the UK on a
> company transfer L1 visa.
>
> In order to do this I would need to give up my job and look to work in
> the US. I understand that I would get an L2 visa and would need to apply
> for a work authorisation permit (EAD).
>
> On speaking to the company lawyer, my wife was told that this was not a
> recommended way since its very unlikely that I would be granted a work
> permit (EAD).
>
> He suggested that as soon as we get to the US on L1/L2 we apply for
> greencards, and that once I have applied for a greencard I would be able
> to get a work permit?
If one has a greencard no "work permit" is necessary. As a permanent
resident (ie, greencard holder) work is permitted without restriction
and no other documentation is required (except that to complete the I-9)
#5
Guest
Posts: n/a
Re: Question about L2 and work authorisation
L D Jones wrote:
> rk164 wrote:
>
>> Hi,
>> My wife has the opportunity to go and work in the US from the UK on a
>> company transfer L1 visa.
>> In order to do this I would need to give up my job and look to work in
>> the US. I understand that I would get an L2 visa and would need to
>> apply for a work authorisation permit (EAD).
>> On speaking to the company lawyer, my wife was told that this was not
>> a recommended way since its very unlikely that I would be granted a
>> work permit (EAD).
>> He suggested that as soon as we get to the US on L1/L2 we apply for
>> greencards, and that once I have applied for a greencard I would be
>> able to get a work permit?
>
>
> If one has a greencard no "work permit" is necessary. As a permanent
> resident (ie, greencard holder) work is permitted without restriction
> and no other documentation is required (except that to complete the I-9)
But what during working during the processing your application for a
greencard, since I hear it takes years?
> rk164 wrote:
>
>> Hi,
>> My wife has the opportunity to go and work in the US from the UK on a
>> company transfer L1 visa.
>> In order to do this I would need to give up my job and look to work in
>> the US. I understand that I would get an L2 visa and would need to
>> apply for a work authorisation permit (EAD).
>> On speaking to the company lawyer, my wife was told that this was not
>> a recommended way since its very unlikely that I would be granted a
>> work permit (EAD).
>> He suggested that as soon as we get to the US on L1/L2 we apply for
>> greencards, and that once I have applied for a greencard I would be
>> able to get a work permit?
>
>
> If one has a greencard no "work permit" is necessary. As a permanent
> resident (ie, greencard holder) work is permitted without restriction
> and no other documentation is required (except that to complete the I-9)
But what during working during the processing your application for a
greencard, since I hear it takes years?
#6
Guest
Posts: n/a
Re: Question about L2 and work authorisation
rk164 wrote:
> L D Jones wrote:
>
>> rk164 wrote:
>>> Hi,
>>> My wife has the opportunity to go and work in the US from the UK on a
>>> company transfer L1 visa.
>>> In order to do this I would need to give up my job and look to work
>>> in the US. I understand that I would get an L2 visa and would need to
>>> apply for a work authorisation permit (EAD).
>>> On speaking to the company lawyer, my wife was told that this was not
>>> a recommended way since its very unlikely that I would be granted a
>>> work permit (EAD).
>>> He suggested that as soon as we get to the US on L1/L2 we apply for
>>> greencards, and that once I have applied for a greencard I would be
>>> able to get a work permit?
>> If one has a greencard no "work permit" is necessary. As a permanent
>> resident (ie, greencard holder) work is permitted without restriction
>> and no other documentation is required (except that to complete the I-9)
>
>
> But what during working during the processing your application for a
> greencard, since I hear it takes years?
Sorry, I misread the original post. A person with L2 status can get an
EAD ('work permit'). I don't know how difficult this is but I personally
see no reason not to apply for it.
> L D Jones wrote:
>
>> rk164 wrote:
>>> Hi,
>>> My wife has the opportunity to go and work in the US from the UK on a
>>> company transfer L1 visa.
>>> In order to do this I would need to give up my job and look to work
>>> in the US. I understand that I would get an L2 visa and would need to
>>> apply for a work authorisation permit (EAD).
>>> On speaking to the company lawyer, my wife was told that this was not
>>> a recommended way since its very unlikely that I would be granted a
>>> work permit (EAD).
>>> He suggested that as soon as we get to the US on L1/L2 we apply for
>>> greencards, and that once I have applied for a greencard I would be
>>> able to get a work permit?
>> If one has a greencard no "work permit" is necessary. As a permanent
>> resident (ie, greencard holder) work is permitted without restriction
>> and no other documentation is required (except that to complete the I-9)
>
>
> But what during working during the processing your application for a
> greencard, since I hear it takes years?
Sorry, I misread the original post. A person with L2 status can get an
EAD ('work permit'). I don't know how difficult this is but I personally
see no reason not to apply for it.
#7
Guest
Posts: n/a
Re: Question about L2 and work authorisation
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rk164 wrote:
> L D Jones wrote:
>> rk164 wrote:
>>
>>> Hi,
>>> My wife has the opportunity to go and work in the US from the UK on a
>>> company transfer L1 visa.
>>> In order to do this I would need to give up my job and look to work in
>>> the US. I understand that I would get an L2 visa and would need to
>>> apply for a work authorisation permit (EAD).
>>> On speaking to the company lawyer, my wife was told that this was not
>>> a recommended way since its very unlikely that I would be granted a
>>> work permit (EAD).
>>> He suggested that as soon as we get to the US on L1/L2 we apply for
>>> greencards, and that once I have applied for a greencard I would be
>>> able to get a work permit?
>>
>>
>> If one has a greencard no "work permit" is necessary. As a permanent
>> resident (ie, greencard holder) work is permitted without restriction
>> and no other documentation is required (except that to complete the I-9)
>
> But what during working during the processing your application for a
> greencard, since I hear it takes years?
Correct. While the I-485 application is pending, you indeed are entitled to
an employment authorization document (you have to apply for it on a
separate form). However, note that even getting to the point where the
I-485 application is filed can take a very long time.
Also, as L D Jones already pointed out, as an L-2, you can also get
employment authorization.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Hash: SHA1
rk164 wrote:
> L D Jones wrote:
>> rk164 wrote:
>>
>>> Hi,
>>> My wife has the opportunity to go and work in the US from the UK on a
>>> company transfer L1 visa.
>>> In order to do this I would need to give up my job and look to work in
>>> the US. I understand that I would get an L2 visa and would need to
>>> apply for a work authorisation permit (EAD).
>>> On speaking to the company lawyer, my wife was told that this was not
>>> a recommended way since its very unlikely that I would be granted a
>>> work permit (EAD).
>>> He suggested that as soon as we get to the US on L1/L2 we apply for
>>> greencards, and that once I have applied for a greencard I would be
>>> able to get a work permit?
>>
>>
>> If one has a greencard no "work permit" is necessary. As a permanent
>> resident (ie, greencard holder) work is permitted without restriction
>> and no other documentation is required (except that to complete the I-9)
>
> But what during working during the processing your application for a
> greencard, since I hear it takes years?
Correct. While the I-485 application is pending, you indeed are entitled to
an employment authorization document (you have to apply for it on a
separate form). However, note that even getting to the point where the
I-485 application is filed can take a very long time.
Also, as L D Jones already pointed out, as an L-2, you can also get
employment authorization.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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#8
Guest
Posts: n/a
Re: Question about L2 and work authorisation
Ingo Pakleppa (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> rk164 wrote:
>
>
>>L D Jones wrote:
>>>rk164 wrote:
>>>>Hi,
>>>>My wife has the opportunity to go and work in the US from the UK on a
>>>>company transfer L1 visa.
>>>>In order to do this I would need to give up my job and look to work in
>>>>the US. I understand that I would get an L2 visa and would need to
>>>>apply for a work authorisation permit (EAD).
>>>>On speaking to the company lawyer, my wife was told that this was not
>>>>a recommended way since its very unlikely that I would be granted a
>>>>work permit (EAD).
>>>>He suggested that as soon as we get to the US on L1/L2 we apply for
>>>>greencards, and that once I have applied for a greencard I would be
>>>>able to get a work permit?
>>>If one has a greencard no "work permit" is necessary. As a permanent
>>>resident (ie, greencard holder) work is permitted without restriction
>>>and no other documentation is required (except that to complete the I-9)
>>But what during working during the processing your application for a
>>greencard, since I hear it takes years?
>
>
> Correct. While the I-485 application is pending, you indeed are entitled to
> an employment authorization document (you have to apply for it on a
> separate form). However, note that even getting to the point where the
> I-485 application is filed can take a very long time.
>
> Also, as L D Jones already pointed out, as an L-2, you can also get
> employment authorization.
>
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (GNU/Linux)
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The lawyer has stated that getting an EAD based on an L2 quite likely to
be denied. This is why he has suggested filing the I-485 and getting an
EAD based off that? He says its more likely that the EAD will be granted?
Is this correct? Is it difficult to get an EAD based on L2?
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> rk164 wrote:
>
>
>>L D Jones wrote:
>>>rk164 wrote:
>>>>Hi,
>>>>My wife has the opportunity to go and work in the US from the UK on a
>>>>company transfer L1 visa.
>>>>In order to do this I would need to give up my job and look to work in
>>>>the US. I understand that I would get an L2 visa and would need to
>>>>apply for a work authorisation permit (EAD).
>>>>On speaking to the company lawyer, my wife was told that this was not
>>>>a recommended way since its very unlikely that I would be granted a
>>>>work permit (EAD).
>>>>He suggested that as soon as we get to the US on L1/L2 we apply for
>>>>greencards, and that once I have applied for a greencard I would be
>>>>able to get a work permit?
>>>If one has a greencard no "work permit" is necessary. As a permanent
>>>resident (ie, greencard holder) work is permitted without restriction
>>>and no other documentation is required (except that to complete the I-9)
>>But what during working during the processing your application for a
>>greencard, since I hear it takes years?
>
>
> Correct. While the I-485 application is pending, you indeed are entitled to
> an employment authorization document (you have to apply for it on a
> separate form). However, note that even getting to the point where the
> I-485 application is filed can take a very long time.
>
> Also, as L D Jones already pointed out, as an L-2, you can also get
> employment authorization.
>
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (GNU/Linux)
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The lawyer has stated that getting an EAD based on an L2 quite likely to
be denied. This is why he has suggested filing the I-485 and getting an
EAD based off that? He says its more likely that the EAD will be granted?
Is this correct? Is it difficult to get an EAD based on L2?
#9
Guest
Posts: n/a
Re: Question about L2 and work authorisation
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rk164 wrote:
> The lawyer has stated that getting an EAD based on an L2 quite likely to
> be denied. This is why he has suggested filing the I-485 and getting an
> EAD based off that? He says its more likely that the EAD will be granted?
>
> Is this correct? Is it difficult to get an EAD based on L2?
I don't see why that would be the case. As an L-2 (spouse only, not for the
children!), you are automatically entitled to the EAD; the only reason I am
aware of why the EAD could be denied is that USCIS finds that you aren't
actually a spouse of an L-1. At least, that's my understanding. I would be
curious why the lawyer thinks it is likely to be denied?
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Hash: SHA1
rk164 wrote:
> The lawyer has stated that getting an EAD based on an L2 quite likely to
> be denied. This is why he has suggested filing the I-485 and getting an
> EAD based off that? He says its more likely that the EAD will be granted?
>
> Is this correct? Is it difficult to get an EAD based on L2?
I don't see why that would be the case. As an L-2 (spouse only, not for the
children!), you are automatically entitled to the EAD; the only reason I am
aware of why the EAD could be denied is that USCIS finds that you aren't
actually a spouse of an L-1. At least, that's my understanding. I would be
curious why the lawyer thinks it is likely to be denied?
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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#10
Just Joined
Joined: Aug 2005
Posts: 17
Re: Question about L2 and work authorisation
Originally Posted by Rk164
Hi,
My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.
In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).
On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).
He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?
Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.
Thanks in advance
rk164
My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.
In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).
On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).
He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?
Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.
Thanks in advance
rk164
Elizabeth 2566
#11
Re: Question about L2 and work authorisation
I have an L2 visa and my husbands firm applied and got my EAD for me. This was done before applying for our green cards. My husbands company pay all the legal fees for our visa's and for the visa's themselves. My only advice is to see if your wife can get a written agreement that her company will do the same for you, otherwise it could get expensive further down the road. If it were you that was moving for a job and your wife joining you I bet your company wouldnt think twice about agreeing to pay legal fees for your spouse, dont let them get away with it just because its a woman their employing.
#12
Re: Question about L2 and work authorisation
Originally Posted by ladylisa
I have an L2 visa and my husbands firm applied and got my EAD for me. This was done before applying for our green cards. My husbands company pay all the legal fees for our visa's and for the visa's themselves. My only advice is to see if your wife can get a written agreement that her company will do the same for you, otherwise it could get expensive further down the road. If it were you that was moving for a job and your wife joining you I bet your company wouldnt think twice about agreeing to pay legal fees for your spouse, dont let them get away with it just because its a woman their employing.
#13
Guest
Posts: n/a
Re: Question about L2 and work authorisation
Ingo Pakleppa (see Web site for email) wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> rk164 wrote:
>
>
>>The lawyer has stated that getting an EAD based on an L2 quite likely to
>>be denied. This is why he has suggested filing the I-485 and getting an
>>EAD based off that? He says its more likely that the EAD will be granted?
>>Is this correct? Is it difficult to get an EAD based on L2?
>
>
> I don't see why that would be the case. As an L-2 (spouse only, not for the
> children!), you are automatically entitled to the EAD; the only reason I am
> aware of why the EAD could be denied is that USCIS finds that you aren't
> actually a spouse of an L-1. At least, that's my understanding. I would be
> curious why the lawyer thinks it is likely to be denied?
>
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (GNU/Linux)
>
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The OP should tell his lawyer to read INA section 214(c)(2)(E).
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
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> rk164 wrote:
>
>
>>The lawyer has stated that getting an EAD based on an L2 quite likely to
>>be denied. This is why he has suggested filing the I-485 and getting an
>>EAD based off that? He says its more likely that the EAD will be granted?
>>Is this correct? Is it difficult to get an EAD based on L2?
>
>
> I don't see why that would be the case. As an L-2 (spouse only, not for the
> children!), you are automatically entitled to the EAD; the only reason I am
> aware of why the EAD could be denied is that USCIS finds that you aren't
> actually a spouse of an L-1. At least, that's my understanding. I would be
> curious why the lawyer thinks it is likely to be denied?
>
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question here.
> It may answer your question. Remember, I am strictly a layperson without
> any legal training. I encourage the reader to seek competent legal counsel
> rather than relying on usenet newsgroups.
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The OP should tell his lawyer to read INA section 214(c)(2)(E).
--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============