minimalist
02-12 12:07 PM
If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
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waitnwatch
06-20 01:21 AM
I have a fundamental question here. What exactly has to happen to actually say that the CIR has died? Will the house have to vote and kill it? I guess there are no legal time lines for a bill to lapse - or is there one? Does the bill automatically die when the present congress' term ends?
Could anybody more knowledgeable than me throw some light.
Could anybody more knowledgeable than me throw some light.
bindoke
08-25 12:38 PM
take your 485 and 140 receipts.
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qplearn
12-10 09:43 AM
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
more...
nk2006
10-05 02:45 PM
nk2006,
please post contents of that yale article (your link is not working).
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):
Future of the H-1B program:
The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.
"A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."
In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.
The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.
If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.
"Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."
The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.
Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.
"I am doing the same kind of job, just in a different office," Yue Zhou said.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
please post contents of that yale article (your link is not working).
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):
Future of the H-1B program:
The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.
"A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."
In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.
The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.
If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.
"Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."
The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.
Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.
"I am doing the same kind of job, just in a different office," Yue Zhou said.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
rk07
09-28 10:25 AM
All,
I just want to share some goods news from side.
All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.
I hope who ever is waiting for RN's they will get soon.
Thanks,
-rk.
I just want to share some goods news from side.
All my checks got cashed today. I applied on July 23rd at NSC and got the receipt #'s from WAC.
I hope who ever is waiting for RN's they will get soon.
Thanks,
-rk.
more...
asdqwe2k
07-02 03:15 PM
Your greed got you...
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madhu345
05-06 07:05 AM
The only one thing the nonimmigrants should aware of Mortgage is they can't expect 100% finance, as per my lender we need to make at a minimum 10% down.
-Madhu
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
-Madhu
Very well said GCBy3000.
I have one question, did you have any trouble while getting mortgage approval? Do you think in the changed scenario in US housing market, people like us will have problems in getting approval b'cos of our residency status and recently tightened regulations?
more...
awaiting_gc
09-13 12:36 PM
All 4 checks form me and my spouse have been encashed. and have received receipts by my attorney's office. Althought when i check status online with these receipt numbers it says my EAD application has been rejected due to improper filing and they have sent a notice to my lawyer's office on Aug 9th.
My lawyer says they haven't received anything so far. I am really concerned and I am not sure if this is normal or is my lawyer hiding something from me. (May be thier filing problem)??? please help
My lawyer says they haven't received anything so far. I am really concerned and I am not sure if this is normal or is my lawyer hiding something from me. (May be thier filing problem)??? please help
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trueguy
07-28 12:47 PM
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
You already see that happening. EB2-ROW with PD as early as Jan 2008 are getting approved. So they get their GC in less than 8 months (including all the stages).
EB3-ROW will never be current and hence no spillover to EB3-I. EB3-I is screwed up royally. EB3-I will get 3000 visas per year and that will not help move PD by one month even.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
You already see that happening. EB2-ROW with PD as early as Jan 2008 are getting approved. So they get their GC in less than 8 months (including all the stages).
EB3-ROW will never be current and hence no spillover to EB3-I. EB3-I is screwed up royally. EB3-I will get 3000 visas per year and that will not help move PD by one month even.
more...
anandrajesh
05-28 12:41 PM
Me & My wife,
emailed Minnesota Senators + 10 senators mentioned.
emailed Minnesota Senators + 10 senators mentioned.
hot Black Background Layout
vbkris77
05-02 10:50 AM
What about EB applicants from non retrogressed countries/EB1? The primary gets GC in 6 months and the family will have to wait in FB quota?
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
Hello, we are not asking for a change. We are asking for a correct interpretation of the law.
more...
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bombaysardar
06-12 07:09 AM
Bump
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ravi.shah
09-23 02:13 PM
Now you are going to protest porting..do u have a slightest idea of how it is to wait for 10 years in the GC queue. This is not because people were not eligible for EB2 at that time, but rather due to the lawyer and employer mess ups. And there is no wrong in someone going to the front of the queue if they were able to prove that they are eb2 worthy..
Agreed !
Employers and their law firms many a times screw up deliberately.....
If they apply for Eb3 then that guy gets stuck with that consulting firm for like 10 more years ! Which employer doesn't want that !!! Many of my friends have got stuck in EB3 lines due to employer/lawyer deliberate-goofups !! If they leave the company, they risk the money they gave for previous GC processes + the client.... becoz of contract terms... etc...
If EB3 candidates are eligible for EB2 porting, they MUST go for it...
If that is going to delay EB2, then so be it.... Its the right thing to do...
Agreed !
Employers and their law firms many a times screw up deliberately.....
If they apply for Eb3 then that guy gets stuck with that consulting firm for like 10 more years ! Which employer doesn't want that !!! Many of my friends have got stuck in EB3 lines due to employer/lawyer deliberate-goofups !! If they leave the company, they risk the money they gave for previous GC processes + the client.... becoz of contract terms... etc...
If EB3 candidates are eligible for EB2 porting, they MUST go for it...
If that is going to delay EB2, then so be it.... Its the right thing to do...
more...
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chi_shark
07-10 02:46 PM
you got to make your decision dude, however, in my case, i would opt for W2. 1099 is a temporary thing... thats my opinion... you did not ask me specifically to share this, but hey, this is a public forum... :-)
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
Desi/Sankap,
I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099. Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -
1. Job should be bona fide (without going into the definition of the word).
My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
2. Should have similar/same job duties/responsibilities.
I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
Thanks!!
- S
dresses NEON BLUE AND BLACK GRADIENT
nogreen4decade
08-31 05:43 PM
You are being promoted as a fool from being an ignorant. The promotion is just for your assumption that all Southies do coding !!!
All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)
All you freaking South Indians can do is sit on your ass and code all day long .... As soon as you fellows open your mouth we all get how intelligent you guys are .... As for drawing the line between North and South - Can we just seperate the Telugu, Kanada, Tamil and Malayalam people from the North and the rest of us Northeners will be just fine :)
more...
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gsc999
07-06 07:37 PM
We would all like to part of a rally or protest but why give us only one days notice? Surely most people will not have read this post by tomorrow. We should organize this properly by sending out the message to the community well in advance and getting the required permits (I mean if you want this to be in any way successful that is).
--
This idea seems to have originated in a Chinese website that fightnow quoted in an earlier post. Lets coordinate this event for 14th July. Please join the Northern California IV group for more focussed effort on this issue.
--
This idea seems to have originated in a Chinese website that fightnow quoted in an earlier post. Lets coordinate this event for 14th July. Please join the Northern California IV group for more focussed effort on this issue.
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rayoflight
05-19 04:30 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
hairstyles on Black Background
laborchic
07-11 10:11 AM
Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
This one was the best... Where did this come from??
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
This one was the best... Where did this come from??
clubJWP
05-07 05:35 AM
iam planning to go to edmonton, alberta. what are the things that i should keep in mind before landing there, if anybody know share it with me
JWP
JWP
apahilaj
08-13 09:31 AM
Today I received an email "Approval notice sent."
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I was expecting my cards for the last 2 days. But nothing happend, hope I will receive my cards by this Friday.
Hi,
Did you receive any CPO email or welcome notice sent email?
Good luck!
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I was expecting my cards for the last 2 days. But nothing happend, hope I will receive my cards by this Friday.
Hi,
Did you receive any CPO email or welcome notice sent email?
Good luck!
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