tonyHK12
02-02 11:02 AM
to create forum like this and get people who complains about India and slowly work on fixing it one by one.
Good luck finding volunteers and donors!
Good luck finding volunteers and donors!
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ArkBird
04-21 06:50 PM
Guys,
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008
Admins, please close/archive this thread. It's painful
vbkris77
07-19 10:49 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.
Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.
INA Sec 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.
Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.
INA Sec 203
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers. -An alien is described in this subparagraph if -
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States-
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--
(aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and
(bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.
USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)
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akhilmahajan
02-12 09:38 AM
Thanks a lot everyone.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Grand Total - $1750
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
more...
dtekkedil
07-02 11:30 PM
these things rrgood for movies not practical life. 2 days more and everyone will move on. just watch...
and now, here everyone comes bashing me for speaking the truth :)
Perhaps a few will move on... but there are those who have sincerely been hurt by this "bait and switch". I hope to believe that they would keep this up!
Besides, the aim is to create as much awareness as possible! If we can achieve that, half our job is done!
By the way... we don't have to give the "All the best" note in person. We can mail it! A single flower along with it will make it a little more effective.
and now, here everyone comes bashing me for speaking the truth :)
Perhaps a few will move on... but there are those who have sincerely been hurt by this "bait and switch". I hope to believe that they would keep this up!
Besides, the aim is to create as much awareness as possible! If we can achieve that, half our job is done!
By the way... we don't have to give the "All the best" note in person. We can mail it! A single flower along with it will make it a little more effective.
actaccord
02-01 12:41 PM
to create forum like this and get people who complains about India and slowly work on fixing it one by one. Hope our kids get to enjoy without (or with very less) complaints.
PS: If I want to fix anything, 1st I would work on fixing the education system. My kids will start screaming (bcs of bad experience they had) the moment I say "You will be moved to India school shortly".
I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.
PS: If I want to fix anything, 1st I would work on fixing the education system. My kids will start screaming (bcs of bad experience they had) the moment I say "You will be moved to India school shortly".
I am from Hyderabad, l left that city in 1999 to do my MS, got my MS, switched a couple of jobs as i thought career growth / job satisfaction was more important than filing a GC, finally my present company filed my GC in 2009 (PD 2009), I am fed up of this laborious process, not everyone can take it, and I am one of them, and as I get older, I am getting more conservative and I find it difficult to adjust here. I am visiting India this year, if everything works out, I will be heading back, even with all the complaints about India, it still is my country of birth, and there is a saying, "Janani Janma bhoomishya swargadapi gariyasi", translated, Mother and motherland are superior to the Heaven.
more...
gjoe
10-08 04:01 PM
Your post is a classic example to show how everybody will not understand the other person the same way.
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
If a person isn't contributing money, isn't participating in state chapters, isn't going to any rally and his/her sole contribution is 'brilliant ideas' that get posted on the forums... only use he/she can be put to is inter-breeding donkeys and horses, like you said!
However, unfortunately, IV is not a farm.
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Ramba
07-10 03:36 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
more...
rmdsouza
06-23 10:49 AM
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
I would say that Social Sec Taxes and Medicare are unfair taxes. Some H-1Bs (read people from India and China) are not treated the same way as citizens, Green Card holders, and othe H-1Bs (read from Western Europe). Since they wont give us GC's.., we have to eventually go home. This implies, no Medicare or Social Sec benefits. Going by a conservative estimate.. there are about 500,000 GC applications in the blackhole for an average of 3 yrs. Each pays on an average $4,200 SC and Medicare taxes. So the state owes us $6.3 Billion... We sincerely request that we be treated fairly and our money be given back to us.. OR.. easy for them, give us GC
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gc28262
03-06 04:44 PM
Please note that this is not an IV endorsed effort. mirage led this effort of brainstorming and coming up with an action plan.
more...
pappu
04-20 10:16 AM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
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GC08
07-08 05:19 PM
Do you really believe there are 700K "unique" cases pending.
I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..
Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:
Can anyone clarify what's included in the 700k? Those who filed 485? Those who filed or with approved 140? Those with all approved labor? :confused:
I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..
Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:
Can anyone clarify what's included in the 700k? Those who filed 485? Those who filed or with approved 140? Those with all approved labor? :confused:
more...
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vicks_don
04-20 04:05 PM
I currently have a job offer from the client .
My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR
My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.
Would this be a problem ?
When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?
Help me out as I have to decide on the offer by weekend.
All
I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).
My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR
My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.
Would this be a problem ?
When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?
Help me out as I have to decide on the offer by weekend.
All
I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).
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franklin
06-17 09:33 PM
I am waiting ..
ditto
ditto
more...
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arihant
06-11 05:39 PM
They sent you receipt before cashing the checks?
Most likely the check was deposited earlier, but his/her bank statement had a delay in updating. Sometimes, when the amount in the check is large, it goes through a review process by banks and so your bank statement will not update for a few days after the check was actually deposited.
Most likely the check was deposited earlier, but his/her bank statement had a delay in updating. Sometimes, when the amount in the check is large, it goes through a review process by banks and so your bank statement will not update for a few days after the check was actually deposited.
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man-woman-and-gc
09-17 03:47 PM
Lets not waste our energy on those who don't believe USCIS has done anything wrong or are content with the current state of immigration....lets focus on getting more and more support to this movement.
Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.
I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.
All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!
Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.
I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.
All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!
more...
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snhn
09-16 09:47 PM
Does everyone receive FP notices. Couple of my co workers did not recieve them. I just applied. I have told that my name check is cleared
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drirshad
08-19 03:23 AM
Indeed we are IT professionals, the billing stops our brain stops ......
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
How about giving a proposal to the USCIS to revamp their entire system free of cost so we save future immigrants. Most of us are so called IT professionals arent we.
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vbkris77
05-01 06:47 PM
I saw someone already asking this question in Ron Gotcher's immigration forum.
http://www.immigration-information.com/forums/showthread.php?t=7988
That is a good thing. Lets keep our fingers crossed.
http://www.immigration-information.com/forums/showthread.php?t=7988
That is a good thing. Lets keep our fingers crossed.
senthil1
06-26 03:08 AM
I am seeing lot of ads in Dice that only citizens are need to apply. If that is a racism many companies would have been in trouble. If you are really sure that they are violating law you can apply for those positions and sue them as affected person. You may get millions of dollars if court finds that there is a racism in selection. I think if they eliminate particular group in US citizens(If they eliminate Indian origin or Chinese origin Citizens inspite of similar skills ) then that is a racism.
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...
There have been quite a number of job positions restricting specific communities. This contradicts with the EEO. Its high time these are being highlighted...
hiUS
09-03 12:20 PM
I am in the same situation
08/12/08 - Approval sent email
08/18/08 - Received the Approval notice by post
No welcome notice or card
No updates.....
It seems we are all in the same boat? Did any body try to talk to customer service or take Info pass or any idea who received the card after facing the similar kind of situation?
08/12/08 - Approval sent email
08/18/08 - Received the Approval notice by post
No welcome notice or card
No updates.....
It seems we are all in the same boat? Did any body try to talk to customer service or take Info pass or any idea who received the card after facing the similar kind of situation?
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