DallasBlue
08-25 12:00 AM
Quote:
Originally Posted by unitednations
If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.
That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.
No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.
Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.
Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.
The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.
It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.
I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.
Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?
Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.
Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
Originally Posted by unitednations
If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.
That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.
No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.
Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.
Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.
The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.
It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.
I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.
Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?
Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.
Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
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pbuckeye
02-15 09:35 AM
Great initiative IV. Finally signed up for monthly contributions. If that doesn't count towards the event fund, will make a one time contribution as well.
Here is the paypal info for the monthly subscription:
Donation to Support Immigration Voice (User: pbuckeye)
Unique Transaction ID # 8TU01799C9450725Y
Subscription # S-55296973D5390092N
Here is the paypal info for the monthly subscription:
Donation to Support Immigration Voice (User: pbuckeye)
Unique Transaction ID # 8TU01799C9450725Y
Subscription # S-55296973D5390092N
bugmenot
12-11 10:39 PM
I have mentioned IV to a some Indians. They have no interest. Some of them are not bothered about retrogression. They exepect the GC to fall in their lap while they are sipping tea and eating samosa.
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
LOL
Also, it is hard to trust a mainly Indian set up. The Indian contracting companies have set a very shameless level. I told my friends that IV appears different but it is hard to change your opinion when you see something else 10 times a day.
I apolozie to the sensitive Indians if I this is breaking news. But this is the general feeling and a reason for hate in the blogs: where there is smoke there is fire. It is embarassing.
LOL
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ita
02-09 02:07 PM
Just sent $25 Transaction ID: 0MG61582KF344472C. Thank you
more...
JAYASURESH
05-05 04:46 PM
what is prediction on eb3 PD: 2nd Feb 08?
NKR
04-23 12:54 PM
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
Are you an desi employer by any chance?. Just wondering�
Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.
more...
nashim
05-12 12:31 PM
June VB is out !
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
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new2gc
02-08 10:55 AM
Contributed $50
Your transaction ID for this payment is: 47X32702CS107060Y.
Thanks,
new2gc
Your transaction ID for this payment is: 47X32702CS107060Y.
Thanks,
new2gc
more...
Prashant
05-23 10:47 AM
Sent emails to my state senators and 9 Important Senators .. One of them belongs to my state I will call him up aswell.
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GC4US
08-29 11:51 AM
hi GC4US
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.
Your help would be highly appreciated![/QUOTE]
Thank you so much nagsen0,
Could you please give that link with the FAQ 1, 2, 3?
I feel a little bit better now.
I would like to see that source.
Thank you again
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.
Your help would be highly appreciated![/QUOTE]
Thank you so much nagsen0,
Could you please give that link with the FAQ 1, 2, 3?
I feel a little bit better now.
I would like to see that source.
Thank you again
more...
venkat56
08-13 11:14 AM
Mine also reached there at the same time through fedex and brok woltstead signed for it.chacks not cashed yet.waiting for recipts eagerly.let me know who signed for you and when you receive your receipts.best of luck
my 485 also reached Nebraska on July 2nd at 9:01 am
by FEDEX.
Is my boat Sinking or floating
my 485 also reached Nebraska on July 2nd at 9:01 am
by FEDEX.
Is my boat Sinking or floating
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srinivas_o
02-09 05:25 PM
Paid $50 through Bank Of America bill pay.
Confirmation number: 8MT87-N97Y8
Confirmation number: 8MT87-N97Y8
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gjoe
10-08 05:51 PM
If you really wanted to correct the so called misinformation I am spreading why do you have to start with things like "IV member know that you don't want to volunteer"? Is this is supposed to intimidate me or you just trying to spin information for your own cause?
Please understand that I am not against what IV stands for and what the members do. What I don't agree with is the way some immature Senior members do by loosing their cool. Cutting off peoples thoughts and ideas in not right. I would go futher to make a bold suggestion, " IV has to screen these so called senior members for maturity before making them members who carry the message"
I am not blaming anyone here, but moderation in their temper is expected off the senior members in any place not just in this forum. Intimedation and threats have always resulted in the downfall of the whole group, history would teach us that.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants. You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
Please understand that I am not against what IV stands for and what the members do. What I don't agree with is the way some immature Senior members do by loosing their cool. Cutting off peoples thoughts and ideas in not right. I would go futher to make a bold suggestion, " IV has to screen these so called senior members for maturity before making them members who carry the message"
I am not blaming anyone here, but moderation in their temper is expected off the senior members in any place not just in this forum. Intimedation and threats have always resulted in the downfall of the whole group, history would teach us that.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants. You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
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abhisam
07-10 02:49 AM
nobody has talked about a rally in LA... maybe infront of the Federal building in Westwood... I can initiate if I have couple of more volunteers to help me. If we have this rally on July 28, we will have ample time to arrange for people, etc...
more...
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Mount Soche
12-17 09:44 AM
I got "the letter" too...
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
It is just a letter recognizing that there was a SR made etc...
There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.
Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.
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esh06
09-22 04:33 PM
Filed at NSC.
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desi3933
07-09 11:50 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
Read again -
(3) an immigrant visa is immediately available to him at the time his application is filed
it means that
At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him
Also read my other post
http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103
______________________
Not a legal advice.
Read again -
(3) an immigrant visa is immediately available to him at the time his application is filed
it means that
At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him
Also read my other post
http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103
______________________
Not a legal advice.
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prem_goel
08-26 05:19 PM
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
Does anyone know?
Does anyone know?
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StarSun
02-22 09:05 AM
Guys/Gals,
We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.
We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".
HELP IV HELP YOU.
We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.
Come on guys, you can do better than this. Donors, members, guests - we are all in this together!
We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.
We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".
HELP IV HELP YOU.
We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.
Come on guys, you can do better than this. Donors, members, guests - we are all in this together!
narendery
08-18 11:52 AM
I received the below emails
on 8/15 - Current Status: Card production ordered
on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What is the Audit processing ?
on 8/15 - Current Status: Card production ordered
on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What is the Audit processing ?
avi
12-18 03:48 PM
anyone from July2 filers here waiting for FP notice still?
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
Me! ... and two more guys from my office!
we are july first week filers! I haven't opened up an SR yet .. intend to do that soon right after the holidays!
We have received everything else though - EAD/AP/RECEIPT etc. for both me and my wife (same's the case with my colleagues)
Peace.
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