knnmbd
05-03 10:53 AM
I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.
Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.
Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.
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qplearn
10-25 07:49 PM
If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
repy_ram
07-20 07:25 AM
I am in too. :)
Pledging $100 for this effort.
Pledging $100 for this effort.
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sledge_hammer
02-12 01:52 PM
You have still not answered my question - where did you get the idea that I am here self imposing high standards? You have talked about everything else but that. So you have decided to take refuge by not answering the main reason why I said you are making accusations.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
"self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
" I did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
"self-imposed" as in 'chosen people' - as to subscribe to a higher standard to fulfill some expectation. It is not an accusation, it is called underlying presumptions in your posts.
" I did not convey my intentions clearly" - then your comm skills are not much as you have presumptively touted them to be when you shot down the other guy. I am just pointing out, before pontificating, try self-analysis.
more...
srikondoji
07-09 10:48 AM
Logiclife,
I do understand that our biggest goal is to reduce backlog. With due respect to your opinion, i suggest that we restrict to july fiasco first and then when we get enough traction with this issue, we can then focus on larger issues like backlog reduction etc.
Now that each one of us breathing hot and cold about july error, we better trade on that line.
Just my 2 cents.
sri
Bay area residents:
Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.
People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.
But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).
Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.
Let's do this.
I do understand that our biggest goal is to reduce backlog. With due respect to your opinion, i suggest that we restrict to july fiasco first and then when we get enough traction with this issue, we can then focus on larger issues like backlog reduction etc.
Now that each one of us breathing hot and cold about july error, we better trade on that line.
Just my 2 cents.
sri
Bay area residents:
Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.
People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.
But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).
Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There couldnt be a better place than Bay area to do this, especially San Jose.
Let's do this.
jgh_res
07-20 02:25 PM
I pledged 100 $ today for Aman's expenses because I felt really bad abt that. I donated around 300$ till date including 20$ recurring contribution.
I filed my 485 long time ago. But when people who are really seeing the fruits of IV (July VB reversal) are higly reluctant to donate even a few bucks, while they are spending thousand's of dollars for their 485 stuff, I am kinda confused.
Are people really that selfish not to donate a few bucks(may be 5$per month) to an organization which is making them file 485 and reversed all this fiasco.
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
I filed my 485 long time ago. But when people who are really seeing the fruits of IV (July VB reversal) are higly reluctant to donate even a few bucks, while they are spending thousand's of dollars for their 485 stuff, I am kinda confused.
Are people really that selfish not to donate a few bucks(may be 5$per month) to an organization which is making them file 485 and reversed all this fiasco.
Zoooom, Anzeraja & All pledgers,
Thanks for driving this effort. Subsequent to Aman's post, we can direct these pledges to the normal contribution drive for IV.
It was amazing to see such response to call for funds for Aman and other core members.
more...
rvurady14
08-11 10:45 PM
Priority Date - Jun 2006(EB2)
EAD Renewal Mailed - Jun 21, 2008 for me and my wife.
Received by USCIS - Jun 24,2008
Got the email today(Aug 11) saying 'Card production ordered' for both of us.
Don't know yet whether it is for 1 or 2 Year.
EAD Renewal Mailed - Jun 21, 2008 for me and my wife.
Received by USCIS - Jun 24,2008
Got the email today(Aug 11) saying 'Card production ordered' for both of us.
Don't know yet whether it is for 1 or 2 Year.
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greatzolin
08-17 07:04 PM
The only way to know if you case got transfered is by the RN? or if the checks have the number on the back?
Txs
Txs
more...
gckalafda
03-25 04:30 PM
I have postponed my finger prints when I was in India back in Oct 2007, and I haven't got yet, should I ask them send it again or should I wait untill they send it to me.
I heared some where in the forum that when your comeback to India they took fingerprints at the prot of entry and that is sufficient.
Is that true?
Guru's Please reply if you have any Idea.
I heared some where in the forum that when your comeback to India they took fingerprints at the prot of entry and that is sufficient.
Is that true?
Guru's Please reply if you have any Idea.
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kshitijnt
05-09 10:16 PM
The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)
Sending poorly drafted letters may not speak well of our community please
Regards,
Saptaswara
Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?
Sending poorly drafted letters may not speak well of our community please
Regards,
Saptaswara
Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?
more...
GC4US
08-29 11:51 AM
hi GC4US
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.
Your help would be highly appreciated![/QUOTE]
Thank you so much nagsen0,
Could you please give that link with the FAQ 1, 2, 3?
I feel a little bit better now.
I would like to see that source.
Thank you again
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.
Your help would be highly appreciated![/QUOTE]
Thank you so much nagsen0,
Could you please give that link with the FAQ 1, 2, 3?
I feel a little bit better now.
I would like to see that source.
Thank you again
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factoryman
06-08 06:51 PM
probably Texas, that is where my I-140 was approved.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
more...
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GCStatus
09-16 04:38 PM
I can pledge around 200-250 for this.
Go IV!!
Do it, Just do it
Go IV!!
Do it, Just do it
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whiteStallion
11-17 09:32 PM
Sent the email...
Thanks for streamlining this process which only took a few seconds...
Kudos to the IV team again !
Thanks for streamlining this process which only took a few seconds...
Kudos to the IV team again !
more...
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decastod
09-17 07:02 PM
Hello All,
I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :
Priority Date : April 2006
Type : EB2
I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
I140 approved from Texas
Sent I485 to Nebraska. transfered to TX.
got EAD, Case Number and Finger printing notice today from TSC.
finger printing appointment on 10/09
I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.
Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.
Thanks.
I just got my finger printing notice in mail, where as I was actually expecting to get case number first. But anyway, here are my details :
Priority Date : April 2006
Type : EB2
I485 received by USCIS on 3 rd July 2007 ( By R. Williams)
I140 approved from Texas
Sent I485 to Nebraska. transfered to TX.
got EAD, Case Number and Finger printing notice today from TSC.
finger printing appointment on 10/09
I do not know when and where my checks were cashed from because my company lawyers paid for it and I am in no mood to talk to them.
Hopefully everyone will get greencards soon. Good luck to all..... see you all in FBI name check forum.
Thanks.
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rc0878
09-27 12:37 PM
rpulipati,
It might not be the case. My i-140 is pending at NSC, but still the I-485 case was sent to TSC.
I and my wife received transfer notice to TSC yesterday. This may be because of my pending I-140 at TSC.
RD: 07/19/07
ND: 07/21/07
I dont know if my checks are cashed or not (My employer provided them).
Thanks
It might not be the case. My i-140 is pending at NSC, but still the I-485 case was sent to TSC.
I and my wife received transfer notice to TSC yesterday. This may be because of my pending I-140 at TSC.
RD: 07/19/07
ND: 07/21/07
I dont know if my checks are cashed or not (My employer provided them).
Thanks
more...
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simple1
05-04 10:39 PM
22CFR 42.32 is not INA.
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
22CFR 42.32 is not the law.
INA is the law.
See the post of "vbkris77".
The specific law is at: 22CFR 42.32
(http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)
And it specifically states that the derivative is entitled to same "classification".
=======
(2) Entitlement to derivative status.
.......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
=======
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vkallank
07-20 08:53 AM
anzerraja , i am unable to access the excel sheet at work. if possible please update / i shall do it tonight.
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Macaca
07-08 08:09 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
Dhundhun
02-05 07:01 PM
Just a correction - as I remember. 3 Yr in past 4 years for Citizenship
drona
07-09 06:13 PM
Done. It was on the original press release but I went ahead and removed it anyway.
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