What is meant by 3 years experience before immigrant petition in SKIL Act

[hope2007]

SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.

[glus]

In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.

I am not an attorney.
G

[brb2]

The objective here is two prong. The bill allows for US STEM MS/PhDs to work 3 years on a special F1 visa (3 year OPT against current 1 year). They can then "Self-Petition" to adjust status to permanent residence. Now the non US STEM 3 year requirement is to ensure they don't get special preference over US qualified applicants. Additionally, the 3 year working in the US rule most importantly prevents anyone say in India applying for permanent residence based on 3 years work experience say in Bangalore. Thus, this would allow a person 3 years on H1B in STEM to adjust status. However this itself will have a cap for non US STEM due to limited H1B visas. Additionally there is a move to limit the foreign STEM graduates to be working in the field not just qualification as opposed to US graduates. So a STEM from say India would need to be working in the field for 3 years on H1B (or other non-immigrant visa) to be eligible to apply.

[Earned_GC]

What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?

[greenguru]

Is Advance Degree MS ? or BS ?

[akred]

I am wondering if social science degrees would qualify as STEM. Some examples are -

MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations

[sanju]

Originally Posted by hope2007

What is meant by 3 years experience before immigrant petition in SKIL Act.

Now I have more than 5 years of US experience, will I fall into this category when I file I-485.

It means a shit if a bill doesn't pass. As of right now, news reports have started suggesting that there may not be any immigration bill this year, which could imply - no immigration bill until 2009.

Also, could we please STOP looking at how a specific provision would benefit you personally? Let me guess the title of your next post….

“When will I get my green card”

Right?

[brb2]

Advanced degree = MS and higher

Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.

Originally Posted by akred

I am wondering if social science degrees would qualify as STEM. Some examples are -

MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations

What would be considered STEM

--------------------------------------------------------------------------------

What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?

[akred]

Originally Posted by brb2

Advanced degree = MS and higher

Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.

Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.

[senthil1]

It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst

Originally Posted by akred

Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.

[akred]

Originally Posted by senthil1

It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst

True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).

[go_guy123]

Originally Posted by akred

True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).

2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
stake and getting power after more than 10 years they are more cautious.

Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
in 2008. As of now things are going in their war because of the mess in iraq
resulting is massive independent voters more inclined towards DNC.

DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
wont make it at national level )