gcquest
06-25 01:24 PM
Hi Guys I have a couple of questions . Would really appreciate it if you could help.
1) My lawyer for some reason doesn't want to apply EAD for me, though she is ok with applying for EAD card for my wife(dependent). She says I have 1 more year for H1 etc. May be its company policy , I am not sure but What are my options?
2) My salary is about 15% less than the prevailing wage and the amount being mentioned in my offer letter being filed with I-485. Since this is a substantial amount of money, I was wondering is the company legally responsible to honour the offer letter or not?
Thanks for taking the time to reply
1) My lawyer for some reason doesn't want to apply EAD for me, though she is ok with applying for EAD card for my wife(dependent). She says I have 1 more year for H1 etc. May be its company policy , I am not sure but What are my options?
2) My salary is about 15% less than the prevailing wage and the amount being mentioned in my offer letter being filed with I-485. Since this is a substantial amount of money, I was wondering is the company legally responsible to honour the offer letter or not?
Thanks for taking the time to reply
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anotherone
02-01 06:53 PM
These people might be able to help, provided
a) You have EAD
b) The employer refused you a job based on the fact that you have EAD.
Needless to say if they reject your for the position based on anything else, all bets are off. So I guess one needs to be able to prove that they were refusing you because of your EAD. I am not a lawyer, so please take all this with a grain of salt.
Immigration-Related Unfair
Employment Practices (OSC)
1-800-255-7688
a) You have EAD
b) The employer refused you a job based on the fact that you have EAD.
Needless to say if they reject your for the position based on anything else, all bets are off. So I guess one needs to be able to prove that they were refusing you because of your EAD. I am not a lawyer, so please take all this with a grain of salt.
Immigration-Related Unfair
Employment Practices (OSC)
1-800-255-7688
royus77
06-29 07:45 PM
Allowing to file on July 02 or July 03 depends on visa numbers available which in turn depends usage the preceding month. If all the numbers are used up (meaning Immigration Officers have requested visas from DOS in the process of approving pending I-485) they cannot allow anyone to file on July 02 or July 03 and so on.
I guess currently race is on from USCIS to consume Visa numbers (40,000 or so) from DOS at unprecedented pace. That's why bulletin hasn't changed as yet. USCIS on its part is possibly trying to avoid flood of application at all cost, even if it requires working extra hours (and approving as many cases as possible) if it can save them later. DOS will NOT move the date back until the numbers are used up or near used up. I guess race is on....we will know on Monday. One way to know how true this is will be watching I-485 approvals from now till Monday. We are caught in the tug of war between USCIS and DOS. CIRCus isn't over yesterday....it is back in town again !!!
Can they reject applications that received on 2 july ....logically if the application was received when the Visa date is current it should be accepted. Have to see the timing of the DOS bulletin as they may make it unavailble effective "Now" rather than effective from :" yesterday " if we didnt see any revision to VB today, people whose application received on Monday may be safe ..lets hope
I guess currently race is on from USCIS to consume Visa numbers (40,000 or so) from DOS at unprecedented pace. That's why bulletin hasn't changed as yet. USCIS on its part is possibly trying to avoid flood of application at all cost, even if it requires working extra hours (and approving as many cases as possible) if it can save them later. DOS will NOT move the date back until the numbers are used up or near used up. I guess race is on....we will know on Monday. One way to know how true this is will be watching I-485 approvals from now till Monday. We are caught in the tug of war between USCIS and DOS. CIRCus isn't over yesterday....it is back in town again !!!
Can they reject applications that received on 2 july ....logically if the application was received when the Visa date is current it should be accepted. Have to see the timing of the DOS bulletin as they may make it unavailble effective "Now" rather than effective from :" yesterday " if we didnt see any revision to VB today, people whose application received on Monday may be safe ..lets hope
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TeddyKoochu
04-01 12:12 PM
Don't forget EB5
You are correct I missed that it can act as a very good buffer if I go by my extrapolated inventory which also factors in PWMB and if the May VB news actually materializes then yes Jul - Aug 2007 will be very easily crossed.
You are correct I missed that it can act as a very good buffer if I go by my extrapolated inventory which also factors in PWMB and if the May VB news actually materializes then yes Jul - Aug 2007 will be very easily crossed.
more...
breddy2000
07-01 11:24 AM
Yes but on Monday morning it is NOT going to be current appantly. So, technically you did not send documents ( if you are getting it out on MONDAY) when they were current.
Just imagine, overnight bulletin was revised, what should we do? They did change it,if you know what I mean?
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
Just imagine, overnight bulletin was revised, what should we do? They did change it,if you know what I mean?
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
ashshef
09-24 04:15 PM
"7% country speciific limit for primary applicants" and "2% country specific dependent limit" is mentioned in every bulletin published so far and so actually it is 9% limit - country specific together.
But question is " what is the meaning of it?" and "How to read it?"
Now the tables what are published in bulletin and we smash our heads daily on them are meant for "Visa number availability" not for "Physical Green card orderering".
So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.
"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".
In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.
Above mentioned explanation is the real meaning of this bullshit.
calculating and interpreting 0.07 x 0.286 for particular country is a wrong concept and I know millions of us follow that in their analysis and arguments but that is completely wrong.
I don't get how you are getting the 8008 figure. Based on the 9%, you are right about the cap for any country being 12,600 for all EB categories combined.
Pre-adjudication has nothing to do with country quota. And 'assigning a number' is still based on country quota. With all the pre-adjudication, it is likely that 'assigned numbers' = GC approvals. The 'assigned numbers' concept was a lot more relevant till last year, when they had numbers, but still had to 'process' the applications. Now most applications seem to have been 'pre-processed'(pre-adjudicated)
I do appreciate your work. Just trying to help achieve a more accurate figure.
But question is " what is the meaning of it?" and "How to read it?"
Now the tables what are published in bulletin and we smash our heads daily on them are meant for "Visa number availability" not for "Physical Green card orderering".
So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.
"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".
In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.
Above mentioned explanation is the real meaning of this bullshit.
calculating and interpreting 0.07 x 0.286 for particular country is a wrong concept and I know millions of us follow that in their analysis and arguments but that is completely wrong.
I don't get how you are getting the 8008 figure. Based on the 9%, you are right about the cap for any country being 12,600 for all EB categories combined.
Pre-adjudication has nothing to do with country quota. And 'assigning a number' is still based on country quota. With all the pre-adjudication, it is likely that 'assigned numbers' = GC approvals. The 'assigned numbers' concept was a lot more relevant till last year, when they had numbers, but still had to 'process' the applications. Now most applications seem to have been 'pre-processed'(pre-adjudicated)
I do appreciate your work. Just trying to help achieve a more accurate figure.
more...
glus
05-24 01:06 PM
I have a question regarding the I-693 Medical exam. it was mentioned that you will need to take a vaccine for MMR, Varicella, Tetanus and Hapatitis B. it was also mentioned that they will do a tb test and a blood test for HIV and syphilis. are these all the vaccinations and blood tests required or are there aother blood test required in addition to these??
please advise. Thanks
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
please advise. Thanks
All you said is correct, except for you don't need Hepatitis B if you are over 16. No, there are no more tests involved, unless your tb is positive. If you tb is positive you need to do chestX-ray. I know that because I was just doing the tests for myself. Varicella must be taken twice 30 days apart. Same applies to MMR.
I hope this helps. If you go to a good doctor, he will give you a complete list of things that you need to do before coming on the medical exam.
G
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vgayalu
10-05 12:53 PM
For me and my spouse got Magic mails as ordered for cards one hour back.
Still waiting for my Daughter.
This is my 11 th year in USA.
Good luck for all. Thanks for IV and IVians support.
Still waiting for my Daughter.
This is my 11 th year in USA.
Good luck for all. Thanks for IV and IVians support.
more...
cse_us
03-25 04:53 PM
!!!!!
I knew friends in Kaiser who were hired on H1 and got GC through Kaiser..
How the hell can they justify filing new GCs, but not accepting EAD!?
Kaiser stopped hiring on H1 since 2003. They used to hire on EADs until last week.
I knew friends in Kaiser who were hired on H1 and got GC through Kaiser..
How the hell can they justify filing new GCs, but not accepting EAD!?
Kaiser stopped hiring on H1 since 2003. They used to hire on EADs until last week.
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english_august
07-11 08:31 AM
This link has been updated with all the new information overnight and this morning
http://www.touchdownusa.org/floral/FloralProtest.html
Please keep sending it out and help keep a high hit rate on these sites. It also helps a lot if you can post comments or send letters to the editors regarding these articles.
http://www.touchdownusa.org/floral/FloralProtest.html
Please keep sending it out and help keep a high hit rate on these sites. It also helps a lot if you can post comments or send letters to the editors regarding these articles.
more...
gcny2006
07-11 12:17 AM
This is a three page article, but worth the read. Especially, I didn't think it would mention my name -->
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?referrer=emailarticle
Redemption Maan !!
Anand Sharma
I hate to be nitpicking but
The irony is, in this whole migration debate, our issues are probably easiest to solve," said Bajaj.
Bajaj its not migrationits immigration. bird migrate people immigrate
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?referrer=emailarticle
Redemption Maan !!
Anand Sharma
I hate to be nitpicking but
The irony is, in this whole migration debate, our issues are probably easiest to solve," said Bajaj.
Bajaj its not migrationits immigration. bird migrate people immigrate
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GCKaMaara
11-18 11:16 AM
This is a very good news. Kudos GC4Me, PD_Recapturing, ItIsNotFunny, NK2006, AkhilMahajan.... everyone.
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hera more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hera more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
more...
house Dia Frampton
alias
08-07 11:13 AM
Yes, that is the part of the problem
Dude, if that is your problem you should be in EB10, you can't even perform your job well and therefore should be under least desired category...
Dude, if that is your problem you should be in EB10, you can't even perform your job well and therefore should be under least desired category...
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Nil
01-15 07:24 AM
All,
Pls have one or two brief explanations of our plight and solution ideas on chage.gov to be voted by all in the community.
i have received this email from change.gov, and believe that the new administration can bring change for us:
{We wanted to tell you about a new feature on Change.gov which lets you bring your ideas directly to the President.
It's called the Citizen's Briefing Book, and it's an online forum where you can share your ideas, and rate or offer comments on the ideas of others.
The best-rated ones will rise to the top, and after the Inauguration, we'll print them out and gather them into a binder like the ones the President receives every day from experts and advisors. If you participate, your idea could be included in the Citizen's Briefing Book to be delivered to President Obama. }
Pls have one or two brief explanations of our plight and solution ideas on chage.gov to be voted by all in the community.
i have received this email from change.gov, and believe that the new administration can bring change for us:
{We wanted to tell you about a new feature on Change.gov which lets you bring your ideas directly to the President.
It's called the Citizen's Briefing Book, and it's an online forum where you can share your ideas, and rate or offer comments on the ideas of others.
The best-rated ones will rise to the top, and after the Inauguration, we'll print them out and gather them into a binder like the ones the President receives every day from experts and advisors. If you participate, your idea could be included in the Citizen's Briefing Book to be delivered to President Obama. }
more...
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cnag
10-30 09:28 PM
I received a response from the ombudsman. I am not sure if our issue is properly understood by his office. When we write about AC21 issues, the response talks about I-140 delays. Gurus, please help me understand the contents of the response below:
Dear xxxxxxxxx:
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.
Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.
I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.
Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.
Office of the Ombudsman
Dear xxxxxxxxx:
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.
Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.
I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.
Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.
Office of the Ombudsman
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royus77
06-29 05:12 PM
If rumors are true there is no point in sending I485 application if State dept announces that Visa is not available on July 2nd Morning. If confusion or rumor is cleared then Lawyers can send the application. That stand may be correct. But what if State Dept announces on Wednesday. Then those who are filed on Monday and Tuesday will get EAD and AP. I hope these rumors will not become true
If they have info about non-availbility they will announce now rather than waiting for monday morning . Also they will be in deep trouble by moving the dates without accepting single application . As AILA reported they will do it either on monday evening/tuesday quotaing the number of application received
If they have info about non-availbility they will announce now rather than waiting for monday morning . Also they will be in deep trouble by moving the dates without accepting single application . As AILA reported they will do it either on monday evening/tuesday quotaing the number of application received
more...
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gc28262
01-24 04:03 PM
Taking the Emirates or Kuwait airlines is another option. They have flights that doesn't need transit visa. Service quality ? better than Air India !
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puvathoor
01-14 03:36 PM
I have sent letters on my and my wife's behalf..
Urging my acquaintances who are in the immigration Backlog to do the same..
Administrative fixes are a good idea.. I think the key to success in reforming the system will be a stealth and incremental reforms rather than any "CIR" type of fixes..
Urging my acquaintances who are in the immigration Backlog to do the same..
Administrative fixes are a good idea.. I think the key to success in reforming the system will be a stealth and incremental reforms rather than any "CIR" type of fixes..
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kriskris
01-25 11:21 AM
We are planning to make a trip to Hyderabad, India along with my wife and my little baby boy. After reading all of your experiences, I am not sure which one should I opt for. We have an expired Visa on passport, planning to Use AP. As we are travelling first time with the little baby boy, I am looking for some hassle free flying. I stay pretty closer to Harrisburg, PA ...thanks
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
Hi reddy77,
I recently traveled to Chennai. My H1b visa was expired in my passport and have an approved AP. I traveled through AA (Frankfurt) --> Gulf Airways (Bahrain) --> Madras and ultimately to Tirupati by Car, While going to India no one cared to ask for any documents not even in Frankfurt. By the way if you don't know this, you don't need a TV for Germany if you have AP. While coming back (I just came 2 weeks back), the officer at the Immigration counter looked at my passport and asked me how can i travel to US with an expired US Visa. I didn't give him my AP with my passport coz I was lazy to take AP from my bag. Finally I showed him my AP and he let me in. Now all the officers in India know about AP. They wont be surprised looking at the AP. In Bahrain I had a lay over of about 13 hours. Gulf Air gave me hotel accommodation. At the Bahrain immigration counter, the officer flipped 2-3 pages in my passport and didn't even care to look at my visa/AP. In Frankfurt, while boarding the AA flight to Dallas, the lady at the AA counter verified all my documents even my office badge. If possible carry your office badge/ID card with you. If you don't have one it should be OK because you are not required to carry and you can always tell them that you are not carrying. Since I showed her my AP, she took all my documents including my badge to her supervisor for the approval and finally gave me the boarding pass. In DFW the immigration was like a piece of cake. I was the second person in the queue. CBP officer after taking my finger prints took me to an officer (Secondary Inspection). The officer at the Sec inspection verified all my documents in his system and asked me to show my EAD. After checking my EAD, he said its not mandatory to carry EAD but safe. The whole process took less than 15 minutes. Let me know if you have any other questions.
rbkrao
09-13 03:33 PM
got PDA mail directly today saying the approval notice was mailed on Friday 10th Sep.
good luck to all waiting...
Thanks IV.
good luck to all waiting...
Thanks IV.
peer123
05-15 12:31 PM
Do I have to have 140 approved for getting EAD, I can file jointly now --- which I will be - So will i get my EAD before 140 is approved.
Thanks
Thanks
