knnmbd
05-03 12:39 PM
GreeNever,
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
GreeNever,
Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.
There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.
It works for every one so that�s just great.
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
GreeNever,
Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.
There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.
It works for every one so that�s just great.
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paragpujara
01-06 01:01 AM
Guys,
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Thanks for the update Parag. Good luck! Let us know what happens.
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Thanks for the update Parag. Good luck! Let us know what happens.
jungalee43
11-17 03:24 PM
Done. It correctly showed the representitive and the senators. But I am not sure it went. Particularly the screen of advacacy to send mail to 6 frineds kept on coming up. If I don't receive confirmations to my account, I will send once again. Or I will call them also.
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gc28262
07-20 01:06 PM
ok, let me put the matter to rest before you take it out of context. My observation was based on the thread that we had for collecting the amount..I didn't see many EB3 folks contribute dollars....but now that 2 EB3 are vouching that enough EB3 folks contibuted, that's great. I just observed something and if it hurt you right down the spine, sorry. I filed PERM 3 months ago, I'm far off in this process. Just focus on advocay so that everyone gets their GCs. Good luck. I hate this EB2 vs EB3, this is a never ending debate. Just hope everyone gets their GC in time.
Nothing personal. I appreciate everybody's contribution and efforts. I was trying to dispel the notion that PD progress is somehow related to how much we contribute to advocacy efforts. That is just not true.
Peace !
Nothing personal. I appreciate everybody's contribution and efforts. I was trying to dispel the notion that PD progress is somehow related to how much we contribute to advocacy efforts. That is just not true.
Peace !
more...
same_old_guy
10-27 01:33 PM
There's no way Skill Bill can pass in Nov or ever. No matter how loudly you shout "America's loosing talent" ! ( like we really care ! )
You have plan B ready ? Not yet ? You better start working on it !
:(
You have plan B ready ? Not yet ? You better start working on it !
:(
HV000
09-26 01:09 PM
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
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zoooom
07-19 07:22 PM
Done...
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
BTW I pledge $100
I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.
BTW I pledge $100
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xyz_123
07-21 09:58 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
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simple1
05-02 01:10 PM
non retrogressed countries: The delay will be none (normally) / fewmonths (worst case ) as both their eb and fb volumes are minimal.
Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.
Plus it is fair to interpret the law as it is.
I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.
Let us not forget we are talking about FB2A cat, with large quota of 114,200. plus it gets unused FB1.
Plus it is fair to interpret the law as it is.
I am not disputing your interpretation of the law. I just wanted to clarify its effect on people from countries whose numbers are not retrogressed.
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reddymjm
06-12 07:21 PM
Hi
I recived the case nos from TSC , they had received mine & my wife's applications ( 485, 765,131 ) on 4th June , I see one set of checks cashed.
I expect the other set to be cleared some time Mon-Tues
The case nos start with SRC
Thanks
GCcomesoon
Did your other set of checks cashed yet?:confused:
I recived the case nos from TSC , they had received mine & my wife's applications ( 485, 765,131 ) on 4th June , I see one set of checks cashed.
I expect the other set to be cleared some time Mon-Tues
The case nos start with SRC
Thanks
GCcomesoon
Did your other set of checks cashed yet?:confused:
more...
delhirocks
06-22 11:55 PM
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
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Desertfox
11-17 11:08 PM
Done
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royus77
08-01 01:47 PM
I 140 from TSC and I 1485 received at NSC on july 2 8:00 AM
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vadapav
12-02 03:46 PM
Friends,
Please give your opinion on my plan.
Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer
I have no realistic hopes by getting GC by end of next year.
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE
Does this sound far fetched?
thnx
Please give your opinion on my plan.
Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer
I have no realistic hopes by getting GC by end of next year.
New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
2. Change address, but give friend's address in the same city as mentioned on application
3. Convince current employer to respond to RFE (in case any) positively
4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE
Does this sound far fetched?
thnx
more...
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kris04
06-26 02:19 AM
While we keep hearing the rhetoric about "H1B-only ads" by anti-immigrant groups, there is absolutely no news about thousands of "US Citizens only" or "US citizen or GC onl"y ads that we see every day.
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
Most of these companies are small sub-contractors , if such companies hire an H1b visa holder then have to disclose financial strength for the visa sponsorship, look at the hourly rate it is offering . dont worry my friend it is implicit that this company is not a big viable one
While I understand there is a genuine case of 'Citizens Only' when it comes to jobs that involve national security, 98% of the job ads have nothing to do with national security and or government clearance. Most of these are clear and simple violations of Equal Employment Opportunity law, and hence illegal.
Since no one seems to be interested in reporting on this pervasive violation of law and illegal behavior, I have decided to start this thread to report on this highly-prevalent form of discrimination. I invite other members to post similar Job-ad E-mails on this thread (or open other threads) to highlight this issue. This will enable us to post the links whenever someone brings-up the issue of H1b-only Ads next trime. It might also enable members to report to EEOC in large numbers and/or shame the recruiters/employers from posting such blatantly discriminatory job ads.
------------------------------------------------------------------------------
Hi:
Greetings for the Day!
This is Ruby from Charter Global Inc. Our client is looking for a "Java/ J2ee Developer" in Warren NJ. This could be a great opportunity for you and all you need is to reply to this message to indicate your interest, availability, legal status and salary requirements with your updated resume to present to our client.
Rate: $42/ hr during the contract
Job Title: Java/ J2ee Developer
Location: Warren NJ
Duration: 6 Months Contract with possible extension
Client for this position is looking for Only US Citizens
Strong J2EE, Java, Struts, Oracle resumes right away
Plus: Spring and Hibernate
Regards
Ruby Roy
Technical Recruiter
Charter Global, Inc.
Toll Free: (866) 570-1818 X 337
Fax: 404-745-8755
E-mail: Ruby@charterglobal.com
URL: Welcome to Charter Global Inc. (http://www.charterglobal.com)
-----------------------------------------------------
Most of these companies are small sub-contractors , if such companies hire an H1b visa holder then have to disclose financial strength for the visa sponsorship, look at the hourly rate it is offering . dont worry my friend it is implicit that this company is not a big viable one
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Hitech-coolie
10-08 09:33 PM
Hi All
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
I will ask you in a specific manner .Will you guys help me?
1. Till now I worked on contract as a SAP Consultant with BIG 4 companies and piled up a lot of responsbilities. I got my EAD and one of the BIG wants me to join as Associate Partner- SAP. Can I accept it on EAD?
2.Till now my salary is USD 65,000+Bonus.With bonus my salary is in the range of 120K -140K. But now the BIG 5 offers me a salary in the range of USD 180K -200K.
Can I accept the 'offer' based on the above points and use my EAD?
Or is it a violation of AOS rules?
Appreciate if you throw light on this specific case
Regards
Hi Tech Coolie
more...
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WeShallOvercome
11-21 12:34 PM
Look at us. We fight and worry and waste our life for such petty things as a plastic card.
Pray for your, your family's and friends' health..which is all what matters.
Please go to India, atleast for some time and get a second opinion from good hospitals. And remember, Prayer is the most powerful healer.
Pray for your, your family's and friends' health..which is all what matters.
Please go to India, atleast for some time and get a second opinion from good hospitals. And remember, Prayer is the most powerful healer.
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myvoice23
09-17 06:18 PM
July 3rd,NSC...signed by R.WILLIAMS...still waiting
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ivjobs
07-12 02:40 PM
New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)
does this mean one cannot use wad for primary job?
There was a whole discussion on one of the threads. There was also an IV Core clarification from USCIS dig it in the threads.
does this mean one cannot use wad for primary job?
There was a whole discussion on one of the threads. There was also an IV Core clarification from USCIS dig it in the threads.
sam_hoosier
12-16 07:01 PM
Eveyone says that. Nobody actually goes back.
I know quite a few people who have gone back in the last year ;), and contrary to perception are quite happy with the choice they made.
I know quite a few people who have gone back in the last year ;), and contrary to perception are quite happy with the choice they made.
calgirl
07-21 09:16 PM
Hmm, urs is a unique case, but as far as i can tell u need to have FP done, that is the process, your lawyers may be able to help, have u contacted them?
Paper filing is fine and its not slow, usually paper filers dont get FP notices.
I did contact my lawyer. They have put in a SR but that's not helping. I was hoping the EAD renewal will kick it but looks like paper based doesn't kick it..
Argh!! This waiting game seems helpless..
Thanks for replying though :)
Paper filing is fine and its not slow, usually paper filers dont get FP notices.
I did contact my lawyer. They have put in a SR but that's not helping. I was hoping the EAD renewal will kick it but looks like paper based doesn't kick it..
Argh!! This waiting game seems helpless..
Thanks for replying though :)
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