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abuddyz01-28 04:55 PMI came across a couple who got their H1B approvals last yr with in 3 weeks to each other. One of them was in PIMS and other one not. So I feel approval date does not seem to be a criteria to base these delays upon.:confused:

Good Luck to everyone including myself!:(

both H1 were approved from the same USCIS center? the one which is stuck in PIMS, which service center it was?

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optimystic03-24 03:43 PM-------------------------------------
Based on the criteria above I dont see how it is illegal to ask what type of work authorization one has, and if EAD , how long it is valid. It may be illegal to disqualify a candidate who has EAD with validity for the required amount of time. But I sure can ask about the details within legal limits, can't I?

It is illegal... On I-9 it clearly says that an employer can not deny employment because of an expiry date on a valid work authorization document. This makes sense, since the employer does not have any authority to check for this candidate's ability to renew the authorization, neither the candidate is obligated to share that information. Per DHS & DOL once you have valid EAD, you are good to go! I am curious though who should be responsible for educating these employers!:confused:

Good to know. As to who should be responsible to educate the employers....there's no doubt in my mind ! It should be us - prospective employees - applying for job. If we don't raise the issue, then who else will do it for us !!!

People can follow a polite plan of action for such questions...
- Be aware of the law
- Be prepared to respond back politely - giving the bare minimum info that would be sufficient
- Point politely to the law during interviews if pressed hard to divulge details.
- If you see the interview going no where, without having to divulge the details, then at that point its a matter of consience....If you had EAD with enough validity, and you think/guess, that the employer is only concerned with people with soon expiring EADs, and if you want the job bad, then may be you can give it a shot and divulge your details. But as much as possible one should shirk the issue politely until you pass the interview process and they are ready to hire... Divulging at that point is beneficial since you know if you get rejected at the point, it was purely because of EAD issue and can take them for a task. If you divulged too early then they could hide behind other reasons for not hiring you.....(unless the employer is CapitolOne, and the HR guy sends out an email blatantly providing proof of discrimination and leaving themselves at your mercy to be sued :) )

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abuddyz01-28 04:55 PMI came across a couple who got their H1B approvals last yr with in 3 weeks to each other. One of them was in PIMS and other one not. So I feel approval date does not seem to be a criteria to base these delays upon.:confused:

Good Luck to everyone including myself!:(

both H1 were approved from the same USCIS center? the one which is stuck in PIMS, which service center it was?

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gcgreen08-07 01:42 PMActually, many of the ROW folks here do want this. They are being selfless, because it is the RIGHT thing to do.

Read your post again, we are already divided. Why would ROW candidate want to eleminate country quota and let you be in front of him...


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chanduv2309-13 09:49 PMSept 11 was saturday. How did it change to 'decision'? :confused:

Anyway, Good luck! Hope you will get card by this weekend.

Looked like a batch update.

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CADude09-21 01:17 PMPlease write to Congressmen, Senators and USCIS complain dept.. Anyway you guys are waiting.. It will cost you less than a dime!! Who knows any one look your plight and take some actions..
template you can get from page 4, if intrested.
my 2 cents.


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milind7004-17 02:50 PMI am not yet on EAD have to file 485 yet retrogressed.But from my friends who are on EAD i heard that you are better off applying for EAD six months in advance before the expiry of current EAD.

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SunJoshi01-01 09:02 AMSorry, although this is an independent thread, I cannot help myself posting the same thing here. Dont want to miss a chance to spread info on this within our retrogression victims:

This according to's editorial. See the editorial here:

This House member is apparently retiring in 2007 after serving his current term.

Here is an extract from his article that hits the homerun when it comes to retrogression. (please read this article entirely to get to know what this guy is all about).

We rarely hear about the long and shameful wait of up to five years facing a person seeking to immigrate legally into the United States, or the legitimate cross-border business that finds roadblocks at every turn. Kolbe consistently pushed the government to treat the people caught in this bureaucratic wastelands with respect. To be sure, he was a strong advocate of tougher border enforcement, but he knew that enforcement should be only a single component of a much bigger strategy.

This man is honest, candid and outspoken and unpopular:( at home(arizona) because of that. But the keyword here is candid and well-informed:). If the EB retrogression is presented properly to him, he could be an effective voice in the house.
Now, does anyone live in Arizona's 8th congressional district who can do something here. Arizona's 8th is most of Tucson, eastern Pima County, all of Cochise County and parts of Pinal and Santa Cruz Counties.

The congressman's official site is


This is good info. We must try to get a meeting with the congressman. I'm sure we can find someone from AZ to help. If not, one of us can travel there and present our case.



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sc308-21 01:00 PMIf I am not wrong VDLRAO is predicting Eb2 will be current with in a year if USCIS continue horizontal spillover. What is wrong with you..

I dont know what VDLRAO is predciting, I was responding to someone, oh wait a minute, it was your post a couple pages back that said " from VDLRAO's post Eb2 does not need much visa to become current ..".

So nothing is wrong with me, but you better ask that question to yourself.

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seekerofpeace10-06 04:40 PMGuys,
As you know my wife got approved yesterday I received her CPO mail I checked the new funky website of USCIS case status and she was at the last DOT that of card production we heaved a sigh of relief.....BTW I was approved on Sept 3rd and I am still at Post Decision Circle....

Today we got another mail from USCIS....Notice mailed welcoming applicant blah may get card in 60 days barring any ADIT processing blah blah....and her status in that funky website moved backward two holes to "Decision" hole...

Strange ain't it...I hope it does not move backward any further for any of us...

Strange are the ways of USCIS


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waitnwatch08-21 01:00 PMYes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.

IV from my interpretation is about ending retrogression and increasing total visa numbers and not about reallocation of visas and spending resources on a zero sum game. This issue should have been taken up by affected individuals. I'm sure they did it though because DOS has awakened to the fact that they were not following the law.

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wizkid73208-16 12:50 PMlooks like we will be all alone :-)
Saw a picture of the flood victims in Pakistan seeking food, sure you understand :-)
I will wait this week and plead with ombudsman. Are you thinking of anything else for now?

Customer Service rep folks say ..Case is with an officer...Not sure, if that is any indication..All of us have to hope for the best.


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gc2826206-13 10:36 PMThe L1 visas done by the outsourcing companies are the main reason for the employment problem. These companies like TCS, Wipro etc.. bring people in L1A, L1B blamket visas to do the common development/Business Analysis/Project Management job in the client site.

There is no quota for L1 Visas. They can bring any # of people they want. Per law the L1A s should be of senior managerial position with at least 4 subordinates working under them in US and L1B should be of specific skill very important for the project and not available in US. But the most of the L1As from these companies are just programmers/BAsor small PMs. They are directly controlled by their client manager.

The main intent of these our sourcing companies is to send the employees on L1 and the employees are constantly told to somehow transfer the project to offshore.

The L1 frauds should defenitely be reported. I totally support this initiative to report the L1 frauds committed by these outrsourcing companies.

I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)

It is interesting that we are using anti-immigrant's arguments to pin L1s.

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thomachan7203-10 08:59 AMYou have to be kidding! Here people are crying to get there EAD's extended and you think the Govt will give us citizenship???

Please i suggest everyone to wake up and smell the coffee/chai.

If you think giving us citizenship will be easy becoz it will prop up their vote bank think again coz it will never happen. Imagine the headlines which says recession time 10M americans out of job, foreign workers to get citizenship LMAO!

Forget this ever happening in a recession time and not much of a chance in the boom time either, see how the Anti-Immi's will eat everyone up for this ridiculous suggestion, please remember we're nothing in the larger scheme of things for the decision making people, we need to understand our limitation and strengths and play by them, IV does a decent job of that.
Do think rationally before coming up with ridiculous ideas like giving senators free pizza or asking for-direct citizenship. lol.

No, the idea is; if you cry for gold you will atleast get silver. When the point is raised that people have been living here legally, paying taxes, SS, owning houses etc etc for 10 years!! what more is actually needed for citizenship?? The idea is to highlight that legal residents (many of them) have been here for ever!! 10 years is almost 15% of an average life span!! If only this thing is highlighted in some strong news papers. Isn't this protectionism at its worst. US is complaining about labor laws in China???? What the heck is this here??? You pay taxes and SS and medicare etc for 10 years and then you are asked to leave??????????? Isn't this slavery??? Either take of the requirement that workers on visas have to pay the required SS / medicare etc or assume responsibility for having taken their hard earned money and let them in as soon as possible into the society.


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ashokK10-01 10:58 AMI had called up USCIS and they have transferred the call to second level IO, as my application is 90 days old. They donot find the information yet. (My employer says, they clubbed the applications in one fedex box and sent it. Got the list of FedEx tracking number, one tracking number has 4 pounds, so guessing he would have put my application in it. ) The IO says, I have to take the fedex tracking number printout as proof and send them by postal mail, so that they can track back with their computer systems. Do not know when I will receive RNs. May be I have to maintain another tracking number for this inquiry mail also.

Please post your experiances about calling to USCIS today.

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krish200604-05 09:14 AMNothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.

DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)

The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.

I strongly doubt your argument. For the past six months , Demand data before Jan1st,2006 stayed zero for EB2 I/C. If USCIS thinks one of those pre 2006 cases are approvable then we would see this reflect in DOS demand data.

At the end of the day, whatever data that is listed in Demand data is all that matters. Since it is the only determining factor for setting VB dates and nothing else


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johnamit06-25 07:58 AMI have both I-94 attached to passport and also I-94 along with current I-797. I still confused which one to use?

Technicaly you should possess only one I-94. So when USCIS asks for a copy you should submit only the latest. If you submit extra copies you will create more confusion why you possess more than one I-94. My advice just send them the one that is valid and latest. USCIS can determine you live in this country legally from your records including ur passport, I-797, I-20 past EADS etc.

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shouldIwait05-09 03:24 PMMost of what Hunter has said is not wrong. Exploitation and malpractices by small/big consulting companies is a reality. All of the Indian immigrants know it. Indian workers submit to it because it still is a very good bargain.
But then there are other things that he is simply stereotyping because of personal impact and resulting hatred. Generally implying that foreign workers are crap and cause wage depression isn't true. Wages in IT industry are destined to go down with time because of demand/supply equation. It's nobody's fault that India/China are on the supply side (be it here or there respective countries). Moreover an individual with the will to uproot himself from the other side of the world and come here generally has much stronger zest to make it big than live an average life.
With regard to quality of professionals overall I don't see a marked difference between American and non-American workers. Moreover, I don't think that employers will employ substandard labor just because they are marginally cheap, because it turns out to be more expensive. In all the cases that H1-B and L1 pocket less money than their counterparts the booty goes to middlemen(both Indian and American bodyshps) and not the companies that ultimately use their skills.
What we all need here is a common-sense and honest approach to immigratiion. Also, we must understand that much is driven by forces of capitalism and they are strong enough to find a way, protectionism or no protectionism.

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jayleno08-06 10:47 PMMan...looks like you will turn anti-immigrant once you get US citizenship.
Whats your real problem?

nitinba06-29 05:04 PMNow that it seems quite probable AOS will all be rejected filed in July I am wondering for how long will medical exams results be valid, so say after 1 yr if my PD is current can I use the medical exams report I got today?

apnair200201-24 07:56 PMThis is not good news. We dont know what happens in the next few weeks. Immigration is not a very high priority for everybody. The closer we go to elections the more the chances for other issues to creep into schedule. I hope they will atleast attach unused VISA numbers to some bill and tackle the immigration beast when they intend to.

01/24/2006: AILA Reports Push-Back of Senate Comprehensive Immigration Reform Debate Schedules

AILA reported last week that the Senate Judiciary Committee could start immigration reform debates as early as February 2, but now it reports that the Senate Committee action on immigration legislation may be pushed back until later in February or perhaps into March.
There are a few immigration portals in the community that monitor and share opinions and news on the comprehensive immigration reform legislation. The following three sites are particularly helpful:,,
We will post the summary of the pending comprehensive immigration bills shortly. Please stay tuned


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