reddymjm
03-18 08:39 AM
Its more than 5 yrs now I started my GC process.
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Openarms
08-13 02:27 PM
Please follow this thread
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-13.html#post1979373
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-13.html#post1979373
eb3retro
10-25 04:33 PM
details in my signature..
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Nil
03-17 12:10 PM
of course i would not vote for any preferential treatment of qualification over category.
But in case certain people are heard of separately (example: folks with US education or prior experience qualifying them for a different category, as also the number of years they have paid taxes), it will only benefit the remaining.
The Masters degree exemption / extra number of H1 visas actually do not overload the total number of visas available as an instance.
But in case certain people are heard of separately (example: folks with US education or prior experience qualifying them for a different category, as also the number of years they have paid taxes), it will only benefit the remaining.
The Masters degree exemption / extra number of H1 visas actually do not overload the total number of visas available as an instance.
more...
tushar123
02-13 05:26 PM
Its funny to see that people call this ethinic cleansing.... it is the right of America to punish people who disobey the law. reservation now in india is a better example which deprives people from certain community to persue higher education or employment in govt jobs.
hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
more...
piperwarrior
07-16 09:42 PM
I am just re-posting something that I had posted elsewhere. I really think that we have to be professional and mature in our response. Does anyone know how one can go about writing an op-ed in the New York Times?
--------------------------------------------------------------------------------
I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.
Clearly, this is a task for IV (advocacy, lobbying, public opinion, etc.). The response needs to be succint, cogent and factual, without getting into any rhetoric about the value immigrants provide. Facts will discredit NumbersUSA...
--------------------------------------------------------------------------------
I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.
Clearly, this is a task for IV (advocacy, lobbying, public opinion, etc.). The response needs to be succint, cogent and factual, without getting into any rhetoric about the value immigrants provide. Facts will discredit NumbersUSA...
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ianlock
09-12 11:34 AM
Hi,
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
I carnt make it to the DC Rally, as i am in the UK, but this morning i sent the Channel 4 News desk an email explaining our plight in the hope that they might cover the DC rally and get you guys some air time, i also sent the same email to the ITN news desk, so you never know you might be on TV over here.
Hope this counts as a contribution. ???
Regards
Ian lock
EB3 ROW
more...
nixstor
03-18 05:40 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
more...
alisa
01-23 08:49 PM
And hoping that some more data, some more pointers, and some more information comes out of this thread, before it dies.
Data and estimates and links to websites needed for estimating when a PD would become current.
Data and estimates and links to websites needed for estimating when a PD would become current.
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GCKaMaara
04-08 09:26 AM
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
more...
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akred
02-21 10:58 AM
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
1. If you want to use experience gained on the job at the same employer, then have your employer file a new labor for a different job followed by an I140.
2. If you were EB2 qualified but your employer chose to file in EB3, then have the same employer file a new EB2 labor+I140.
3. Or if employer A originally filed an EB3 labor for you, and you are now qualified for EB2, change employers and have employer B file an EB2 labor+I140.
Not that i want to. just out of curiosity. thanks
1. If you want to use experience gained on the job at the same employer, then have your employer file a new labor for a different job followed by an I140.
2. If you were EB2 qualified but your employer chose to file in EB3, then have the same employer file a new EB2 labor+I140.
3. Or if employer A originally filed an EB3 labor for you, and you are now qualified for EB2, change employers and have employer B file an EB2 labor+I140.
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neelu
01-02 11:35 PM
Everyone who is doing such excellent job spreading the word about IV on websites:
Please also help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.
That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on).
Please participate and help others participate in the 'Add ONE Member' campaign.
Thank you.
Neelu
Please also help the Add ONE Member campaign. Introduce just ONE member to IV, by Jan 31st.
That will go a long way in helping all of us (be it CIR or SKIL or whatever vehicle our provisions ride on).
Please participate and help others participate in the 'Add ONE Member' campaign.
Thank you.
Neelu
more...
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wam4wam
02-17 07:39 AM
i agree with retrohatao
it is pretty much useless to fight for ending tetrogression when we know we are going to get stuck in name check for 2-3 years after that
infact i am hoping and praying that the EB relief bill does not pass until my name check has been cleared...as i will not be able to use the available visa numbers .
the name check issue is a big big problem.
trust me...if we dont include it right now....2 years from now...all of us will be forming a new web site with Name check as the primary issue...:eek:
it is pretty much useless to fight for ending tetrogression when we know we are going to get stuck in name check for 2-3 years after that
infact i am hoping and praying that the EB relief bill does not pass until my name check has been cleared...as i will not be able to use the available visa numbers .
the name check issue is a big big problem.
trust me...if we dont include it right now....2 years from now...all of us will be forming a new web site with Name check as the primary issue...:eek:
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Winner
06-11 08:02 AM
PLEASE PLEASE PLEASE SEND THE MESSAGE. WE WILL ALSO START WITH THE PHONE CAMPAIGN IN THE MORNING.
Reason being, the other side is writing letters to other Senators to seek their support. They want to see this amendment pass. Here is the letter.
************************************************** ***************
COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS
Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill
Dear Colleague:
Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.
With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.
Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.
At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.
Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.
The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.
The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.
If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.
Sincerely,
____________________ ____________________
BERNARD SANDERS CHARLES E. GRASSLEY
UNITED STATES SENATOR UNITED STATES SENATOR
************************************************** ***************
This underscores the urgency. Please act on the action item NOW.
Reason being, the other side is writing letters to other Senators to seek their support. They want to see this amendment pass. Here is the letter.
************************************************** ***************
COMPANIES LAYING-OFF THOUSANDS OF AMERICAN WORKERS DON�T NEED GUEST WORKERS
Please Support the Sanders-Grassley Employ America Amendment to the Tax Extenders bill
Dear Colleague:
Since the recession started in December of 2007, nearly 8 million Americans have lost their jobs and the unemployment rate has nearly doubled. In total, 15 million Americans are officially unemployed, another 8.8 million Americans are working part-time only because they cannot find a full-time job, and more than one million workers have given up looking for work altogether.
With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.
Therefore, during the consideration of the American Jobs and Closing Tax Loopholes Act, we will be offering an amendment that would prohibit companies which have announced mass lay-offs over the past year from hiring guest workers, unless they can prove that their overall employment will not be reduced as a result of these lay-offs.
At a time when millions of Americans are out of work, the notion that we need to import labor from abroad because there are not enough qualified, willing or able American workers in this country rings hollow.
Recently, some of the very companies that have hired tens of thousands of guest-workers from overseas have announced large scale lay-offs of American workers. The high-tech industry, a major employer of H-1B guest workers, has announced over 330,000 job cuts since 2008. The construction industry, a major employer of H-2B guest-workers, has laid-off 1.9 million workers since December of 2007.
The American Recovery and Reinvestment Plan, signed into law last February, included a provision to prevent companies receiving assistance through the Troubled Asset Relief Program from replacing laid-off American workers with guest-workers from overseas.
The Employ America Act expands upon this provision to prevent any company engaged in a mass lay-off of American workers from importing cheaper labor from abroad through temporary guest-worker programs. Those companies that are truly facing labor shortages would not be impacted by this legislation and could continue to obtain employer-sponsored visas. Only companies that are laying-off a large number of Americans would be barred from importing foreign workers through guest worker programs.
If you would like to co-sponsor this amendment, please have your staff contact Warren Gunnels in Sen. Sanders� office at 8-6358 or Kathy Nuebel Kovarik in Sen. Grassley's office at 4-3744.
Sincerely,
____________________ ____________________
BERNARD SANDERS CHARLES E. GRASSLEY
UNITED STATES SENATOR UNITED STATES SENATOR
************************************************** ***************
This underscores the urgency. Please act on the action item NOW.
more...
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refiling 485
07-18 10:51 PM
Hi gkdgopi
Did you call texas office regarding July 2nd application? I have filed my application in texas office and they have recieved it on July 2nd.
Thanks
Did you call texas office regarding July 2nd application? I have filed my application in texas office and they have recieved it on July 2nd.
Thanks
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retrohatao
02-14 10:23 AM
eb3_nepa,
FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
http://immigrationportal.com/showthread.php?t=174845
It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.
You will realize how big a problem when you reach there.
Logiclife,
This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.
There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
Good luck if you guys think it is a "sub issue"
FBI/Name check clearance is not a sub-issue. I have posted the link where you find tons of people waiting to get 485 cleared. See the linkif you need to understand the issue
http://immigrationportal.com/showthread.php?t=174845
It is not a sub issue and it is part of the green card process. I lament ( for lack of an apt word) your compariosn of name check to spouses not able to work.
You will realize how big a problem when you reach there.
Logiclife,
This forum has started recently and did not address "name check" as an issue. Its one of the burning issues for many of us ( most likely will impact all those who just want to clear the hurdle of labour clearnace). Believe, I was stuck in labor for 2 years ( due to Bush adminstration's decision to leagalize illegals) and I really thought that labor was the only hurdle. Atleast you could contact USCIS to track your progress. Now I am stuck in security clearance AKA name check. Now I am in totallly in darkness and nowhere to check what is happenning. FBI used to repond to e-mails( 6 months wait period)/phone messages two years ago.Now they have totally stopped it.
There are many like me and it is not just individual cases. Even at the bottom of my heart I feel those who are in labor stage whom you are representing should not have to face it. But the be realistic and I would see 80% of those in current labor would get stuck at this name check process unless some measure are taken by us.
Good luck if you guys think it is a "sub issue"
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go_guy123
10-05 09:49 PM
Guys,
Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card
Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.
Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card
Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.
skamma
05-17 01:22 PM
Admin,
Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.
Thanks
skamma
Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.
Thanks
skamma
feedfront
10-05 03:10 PM
Hi Guys,
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.
Vgayalu: After how many days did you see an update after you sent the response to the RFE.
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!