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  #31 (permalink)  
Old 05-14-2006, 10:41 AM
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Default Look at this link

http://thomas.loc.gov/cgi-bin/query/.../~c109MPjr0T::
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  #32 (permalink)  
Old 05-14-2006, 12:17 PM
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Quote:
Originally Posted by GCBy3000
This again doesn't work. Please remember that most of the search results in thomas.loc.gov are only stored temporarily in their cache and hence the URLs might not work after some time. So to get to this bill, go http://thomas.loc.gov and search for bill number S2611
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  #33 (permalink)  
Old 05-14-2006, 02:48 PM
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Question

So, does this mean that someone with an MS or PhD from the US will HAVE to work for 3 years before applying for adjustment of status? Or does it mean that you need to have graduated in the last 3 years and have found a job?

I am graduating with a PhD in 2 months and wondering whether to look for someone to give me a H-1 or go straight to some employer who will give me a job, which has GC requirements.

Last edited by aeroterp; 05-14-2006 at 03:14 PM.
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  #34 (permalink)  
Old 05-14-2006, 02:56 PM
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mihird.

Well said. It really is indentured labor.I guess many are going back. For some who are in the middle of the process, it is a tough decision to go back. I guess there are many who are on the fence.

What baffles me most is that this country which is known so much for meritocracy is so callous about merit. Didn't we all come here thinking that it is meritocracy in US. See how much we are struggling to make our genuine concerns known to Senators and Congress.

Sometimes make one wonder.








Quote:
Originally Posted by mihird
Instead of giving our golden years to help build the US's economy, we should rather work towards building our own economy....

Every country has a right to do things the way they like....we are here because we think the American way of life is better than the life offered by India....it was very true some 30 years back....quite true some 20 years back....true 10 years back....and somewhat true in the 21st century...

Once the balance tips, it will be all over....there will be no more backlogs and Congress will be busy working on how to stop India and China from moving so much forward....

I almost think, a focus group similar to IV needs to start working on how to encourage repatriation of the skilled H1-B workforce to India....

My friend, bulk of immigration happens because of economic reasons...as long as the US has better opportunities than India, and 70% of India remains poor, the American dream will continue to entice many....and the US government will be free to enact laws on its whims...and in its own personal interests...

We won independence in 1947....it almost seems like we have lost it away again and become slaves of the American way of life...

In my 10 years in the US, off late, I am more often hearing of people packing up and going back for good....I think, we all have that choice....and frankly, I don't think, that choice is that bad...and it is only going to become better by each passing year...

My .02 cents...
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  #35 (permalink)  
Old 05-14-2006, 07:09 PM
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Quote:
Originally Posted by aeroterp
So, does this mean that someone with an MS or PhD from the US will HAVE to work for 3 years before applying for adjustment of status? Or does it mean that you need to have graduated in the last 3 years and have found a job?

I am graduating with a PhD in 2 months and wondering whether to look for someone to give me a H-1 or go straight to some employer who will give me a job, which has GC requirements.
Well, it clearly says you have to be working for the 3 year period prior to applying.What is not clear is does it mean 3 years before the priority date or 3 years before the application for I-485.

In any case, dont count on any law taking effect within the next 2 months
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  #36 (permalink)  
Old 05-14-2006, 08:39 PM
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I have a MS in engineering and I've been working 1 year as OPT and 2 years on H1B. The H1B job did not require MS. The job is engineering tech (just bachelor is required). My questions are
1) Can I count the OPT time to make it 3 years
3) If not, because of my US MS and 3 years next year, will I qualify for the cap exemption ?

Thanks for shedding some light on this.
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  #37 (permalink)  
Old 05-14-2006, 09:16 PM
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Default OPT Not Applicable

Quote:
Originally Posted by gomirage
I have a MS in engineering and I've been working 1 year as OPT and 2 years on H1B. The H1B job did not require MS. The job is engineering tech (just bachelor is required). My questions are
1) Can I count the OPT time to make it 3 years
3) If not, because of my US MS and 3 years next year, will I qualify for the cap exemption ?

Thanks for shedding some light on this.
gomirage,
you cannot count your 1 year OPT experience. The wording of the bill clearly states that you should have 3 years of work experience on a non-immigrant visa (such as H1-B) prior to applying for the immigrant visa (I-140 application).
Hope that helps.

Any other experts can correct me if I am wrong.
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  #38 (permalink)  
Old 05-14-2006, 10:31 PM
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Ok, that part is ok as I have 3 years under h1b before the bill becomes law (at least 6 month from now).

My second question is: can I use my MS to get exeption while my job require only a BS ?
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  #39 (permalink)  
Old 05-15-2006, 01:11 AM
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Quote:
Originally Posted by raydhan
gomirage,
you cannot count your 1 year OPT experience. The wording of the bill clearly states that you should have 3 years of work experience on a non-immigrant visa (such as H1-B) prior to applying for the immigrant visa (I-140 application).
Hope that helps.

Any other experts can correct me if I am wrong.
OPT is part of F1 (student visa) which is also a non-immigrant visa .. so I dont see how that cannot be counted towards the three years.
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  #40 (permalink)  
Old 05-15-2006, 03:42 AM
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mihird is on a distinguished road
Default Its all not that bad after all...

Quote:
Originally Posted by willgetgc2005
mihird.

Well said. It really is indentured labor.I guess many are going back. For some who are in the middle of the process, it is a tough decision to go back. I guess there are many who are on the fence.

What baffles me most is that this country which is known so much for meritocracy is so callous about merit. Didn't we all come here thinking that it is meritocracy in US. See how much we are struggling to make our genuine concerns known to Senators and Congress.

Sometimes make one wonder.
Talking about being in the middle of the process...I have been in the US for almost 10 years now...own three properties, three cars and have built a decent retirement portfolio...my spouse is a resident doctor on her own H1-B status, I personally work two jobs on concurrent H1-Bs and we are in our 7th year of the GC pursuit...you would think, it would be a tough call for someone like me to think of packing up...but the more and more I understand the EB immigration process...the more I feel, it is just unethical from a personal stand point of view to submit to this...remember MK Gandhi's words...to accept injustice silently is as much of a crime as to comit injustice...

I still think though that the US is meritocratic - only in the USA can someone do so much as I have done, in terms of working multiple jobs, owning multiple houses, getting mortgage loans from banks, claiming all the mortgage deductions from the IRS etc. while being on a non-immigrant status all the time.....as such except for having to stick with an employer for the GC and the associated uncertainities with it, a H1-B holder can do a lot of things here...and a lot of that has come to happen as the laws changed to let the H1-B worker participate more fully in the economy.

As for the permanent residency process, we are talking of hundreds of thousands or probably a million or so people here, and in a free democracy, at some point, politics, principles and personal idelogies are bound to interfer and conflict with each other, and thats what we are seeing here. This is very similar to the backward class reservation issue going on currently in India's IITs, IIMs and med schools. It is unfair by all means, but it is a result of politics mingling with principles..

I agree, the US GC system is broken, probably been made deliberately unfair to populous countries like India, China, Mexico etc...more for political reasons than any...and it may perhaps never improve...

But, I think, the real solution lies in the balancing of economies on a global scale..and we are certainly heading towards that...and as we concur, that people are starting to pack off...the real problem lies with India's overwhelming poverty....grass root efforts need to happen to eradicate that...and once that movement gets on track...things will change quickly...otherwise, we are just going to see todays H1-Bs repatriating only to be replaced by more Indian H1-Bs submitting to this....with all the exposure and experience, we are probably the best people to make such grass root efforts happen..

Last edited by mihird; 05-15-2006 at 03:55 AM.
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  #41 (permalink)  
Old 05-15-2006, 08:52 AM
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Even if this bill passes. The visa allotation 490,000 is only for fiscal year 2007 onwards from 2007 to 2017.
Can some one explain me what will happen if Senate passes, Conference commitee passes and President signs the bill and the Bill effective date is Aug,2006. We will get teh visa allotation on 2006 onwards ( unused + New number ) and also in Fiscal year 2007.
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  #42 (permalink)  
Old 05-15-2006, 09:42 AM
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Default action plan on AILA website

http://www.aila.org/content/default.aspx?docid=19388

and

http://www.aila.org/issues/issue.aspx?docid=18635

The Time for Immigration Advocacy is Now!!


The Senate is scheduled to debate immigration all next week. Visit InfoNet for legislative updates and new opportunities to advocate for the comprehensive immigration reform America needs.

We expect many amendments to be offered next week and we’ll need your help to educate Senators and their staff about AILA’s position on each one. Please stay tuned to InfoNet for details about new amendments and how you can help promote those that strengthen the Senate compromise and help defeat those that threaten its viability.
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  #43 (permalink)  
Old 05-15-2006, 10:18 AM
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Default CIR in senate - when does it start?

Any idea on senate schedule for today/this week (specifically for CIR). Any related info (CSPAN website etc) would be very useful for us trapped behind firewalls. thanks.
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  #44 (permalink)  
Old 05-15-2006, 10:19 AM
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Analysis of this Bill is it passes as such with no amendment.

1) Will this bill pull the priority date to Current?
2) Will they allot 480,000 visa as soon as the bill become law before Oct,2006? Will they allot 480,000 visa as soon as bill became law and again 480,000 visa for 2007 Fiscal year.
3) How much unused visa’s are available from 2001- 2005? Will they allot right away to cease the retrogression problem.

I am not optimistic, but you need to have some hope to carry on with your life. By saying that I feel that if they cannot solve the BACKLOG inspire of CIR, it will be shame for every one who came legally in USA. I believe that this bill will fix the retrogression for time being.
At least the PD for EB-1 will be current. EB-2 will be current and EB-3 for India, China and mexico will be at least move to 2004. Next fiscal year 2008 it may became current.
My 2 cent Opinion
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  #45 (permalink)  
Old 05-15-2006, 10:32 AM
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ny-nonrir is on a distinguished road
Default STEM Question

What if a person has got the degree (part-time) last year. But has been working in a related field for more than 3 years as of today? Does the 3 year count start after the completion of the degree.

In other words, can someone take an accelerated MS today and complete it in say an year to qualify (assuming they have been working in the related field more than 3 years as of today with a BS)
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