advanced degrees
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Grandhipal
Registered Users (C)
Is 'Advanced Degree' same as 'STEM'? I think the big question is: bill with provisions for advanced degrees going to make it all the way to a law? 
I think the required degree and the related/progressive experience following the degree needs to be accrued before filing for 140/485
I think the required degree and the related/progressive experience following the degree needs to be accrued before filing for 140/485
fimbria said:
HOPE_GC_SOON
Registered Users (C)
Advance Degrees - Need some Help
Guys:
Need some Info. What does Advance Degrees mean.
I filed with EB2. I have masters degree and in the EB2 Filing my lawyers mentioned it as a Master's degree. Do I qualify for Advance Dgreee category.. A hope in the Darkness..
thanks
Guys:
Need some Info. What does Advance Degrees mean.
I filed with EB2. I have masters degree and in the EB2 Filing my lawyers mentioned it as a Master's degree. Do I qualify for Advance Dgreee category.. A hope in the Darkness..
thanks
VKM0622 said:
Grandhipal
Registered Users (C)
HOPE_GC_SOON: I would think so... as long as the Degree in question is in Science, Engineering, Techonolgy etc. Other degrees like Social Sciences, Management do not qualify. Please note that there is also a requirement regarding progressive experience after MS (3 years, I think) to qualify. I don't know about your experience ...
VKM0622: From what I read so far it doesn't matter whether the degree is from US or India (as long as it is proved to be equivalent to US Masters). However from what I read, the degree should be related to the profession for it to be applicable.
techy2468: No The bills are still up for debate and voting in Senate. Then House of Representatives... It is still a long way. Why did you think it is already passed as a bill?
pinnu: I don't remember the details but from what I read, but there are separate provisions for new applicants who are still students in US universities pursuing their Masters in STEM fields and also some for the ones who already applied. "...how USCIS will determine those applications? ..." That's a good question. I don't know the answer.
VKM0622: From what I read so far it doesn't matter whether the degree is from US or India (as long as it is proved to be equivalent to US Masters). However from what I read, the degree should be related to the profession for it to be applicable.
techy2468: No
The bills are still up for debate and voting in Senate. Then House of Representatives... It is still a long way. Why did you think it is already passed as a bill?pinnu: I don't remember the details but from what I read, but there are separate provisions for new applicants who are still students in US universities pursuing their Masters in STEM fields and also some for the ones who already applied. "...how USCIS will determine those applications? ..." That's a good question. I don't know the answer.
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Hi Grandhipal, Can you post the progress of this bill here? Or point me where I can follow the bill. It would be very helpful. Thanks.
Grandhipal said:techy2468: No
I was just surprised the enthu of people discussing this, since this thing is part of a bill with hundred of other things........its a long way to go before it becomes a law and it is implemented by USCIS (alteast a year from today).....and brings benefit........and if the country limit does not affect it....otherwise for india/china it is meaningless..........sorry for the negative message....but this is how i am perceiving it....some one please correct me if i am wrong
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Grandhipal
Registered Users (C)
techy - Contrary to your surprise I don't see many people (relatively speaking) discussing this or there is not a lot of enthu. I would that is good - for the same reasons you quoted. Who knows whether any bill gets passed or not... or if the provisions that benefit EB community get into the final bill or not and then it is USCIS damn it As a general rule it is not good to get one's hopes too high in Immi related issues. However hope is good if it is based on practicality and within reason. Couple of corrections to your assumptions: 1. Advanced/STEM degree provisions are not counted against quotas. That means these are NOT subject to 10% hard limits. You are right hard country limit really sucks. But don't you think these provisions apart from the hard country limit (if passed into a Law) benefit some? If it does not directly benefit you and me, it still benefits us indirectly. This is how I see it - Even if I am not eligible for 'Advanced Degree' provision, hopefully a lot of people ahead of me benefit from it and as a result there are more visas available within the hard country limit (because those people Got GCs but they din't take it from our pool). How about that? Actually I hope I am eligible as per STEM rule.
2. Even though this and other EB related things are just a small part of the bill and we don't hear any news or lack of any debate on it in Senate... doesn't mean that these things are not part of the bill. If the bill gets passed in some form or the other, under some name or the other these EB related items are going to be in the bill because all the flavors of bills do have these EB related items in common. Due to lack of time and inclination I cannot point you to different bills and back up what I am saying. If you find it otherwise, please share it with us.
balu_g: I am just following the Google news for progress on the bill. It is hard to miss the discussion about the bills in newspapers during last 1 week. Of course newspapers only talk about 11 million illegal immigrant (hopefuls). However the same bills have stuff on H1B quotas and EB GCs too. For issues specific to EBs (that is us), I closely follow Mathew Oh's "Breaking news" column on http://www.immigration-law.com You could also check forums and other links on ImmigrationVoice.org
As a general rule it is not good to get one's hopes too high in Immi related issues. However hope is good if it is based on practicality and within reason. Couple of corrections to your assumptions: 1. Advanced/STEM degree provisions are not counted against quotas. That means these are NOT subject to 10% hard limits. You are right hard country limit really sucks. But don't you think these provisions apart from the hard country limit (if passed into a Law) benefit some? If it does not directly benefit you and me, it still benefits us indirectly. This is how I see it - Even if I am not eligible for 'Advanced Degree' provision, hopefully a lot of people ahead of me benefit from it and as a result there are more visas available within the hard country limit (because those people Got GCs but they din't take it from our pool). How about that? Actually I hope I am eligible as per STEM rule. 2. Even though this and other EB related things are just a small part of the bill and we don't hear any news or lack of any debate on it in Senate... doesn't mean that these things are not part of the bill. If the bill gets passed in some form or the other, under some name or the other these EB related items are going to be in the bill because all the flavors of bills do have these EB related items in common. Due to lack of time and inclination I cannot point you to different bills and back up what I am saying. If you find it otherwise, please share it with us.
balu_g: I am just following the Google news for progress on the bill. It is hard to miss the discussion about the bills in newspapers during last 1 week. Of course newspapers only talk about 11 million illegal immigrant (hopefuls). However the same bills have stuff on H1B quotas and EB GCs too. For issues specific to EBs (that is us), I closely follow Mathew Oh's "Breaking news" column on http://www.immigration-law.com You could also check forums and other links on ImmigrationVoice.org
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techy2468,
Could you please explain what is the difference between neumerical limit and per country quota? If I understand correctly, do you mean that one will not have to wait for their PD to become current but they still will be counted against country quota?
I have a MS in engineering from US and also 4 years work experience in the same field. What does this mean to me?
Thanks
Could you please explain what is the difference between neumerical limit and per country quota? If I understand correctly, do you mean that one will not have to wait for their PD to become current but they still will be counted against country quota?
I have a MS in engineering from US and also 4 years work experience in the same field. What does this mean to me?
Thanks
Grandhipal
Registered Users (C)
techy2468: Yes, I am convinced that the eligible adv degree holders will be excluded from all kinds of quotas. I haven't asked any one but this what I understood from reading Oh's interpretations. Of course he could have been wrong too
skango: I don't know if and when you filed 485. If you have already filed for 485 and the experience gained is prior to that, you are eligible...I don't know how soon they adjudicate your 485 (following the bill passed as law and implemented by USCIS) but at least you don't have to wait for visa numbers. That means you are out of retrogression (in one way even though you are not entirely immune to retrogression). Let's say you haven't filed for 485 yet and still waiting for your turn in visa bulletins. Then you can apply for 485 when USCIS starts following the rule. However as pinnu pointed out in an earlier post on this thread, how does USCIS know that you are eligible (considering that you haven't gone thru some "special" Labor clearance)? I dunno.
balu_g: You might have seen the latest update on the bill on Oh's site about Specter's amendments to Frist's bill and it is going to be called S. 2454
skango: I don't know if and when you filed 485. If you have already filed for 485 and the experience gained is prior to that, you are eligible...I don't know how soon they adjudicate your 485 (following the bill passed as law and implemented by USCIS) but at least you don't have to wait for visa numbers. That means you are out of retrogression (in one way even though you are not entirely immune to retrogression). Let's say you haven't filed for 485 yet and still waiting for your turn in visa bulletins. Then you can apply for 485 when USCIS starts following the rule. However as pinnu pointed out in an earlier post on this thread, how does USCIS know that you are eligible (considering that you haven't gone thru some "special" Labor clearance)? I dunno.
balu_g: You might have seen the latest update on the bill on Oh's site about Specter's amendments to Frist's bill and it is going to be called S. 2454
Grandhipal
Thanks for the explanation. My company has not filed for my labor yet. I am on H1 for last 4 yrs and the company is getting ready to file for labor through PERM within next 3 months. What is your thought now? I am sure that I will be cleared through labor and I-140 by the time this becomes a law.
Please advise
Thanks for the explanation. My company has not filed for my labor yet. I am on H1 for last 4 yrs and the company is getting ready to file for labor through PERM within next 3 months. What is your thought now? I am sure that I will be cleared through labor and I-140 by the time this becomes a law.
Please advise
Grandhipal
Registered Users (C)
Make sure they file in EB2 for you (not EB3). I hope they reach on some compromise on hard country limit and the bill gets passed too by then.
The fact is - there is no definite definition for Advanced Degree (yet) in USCIS dictionary. Apart from that there are many things not clear on this matter, I am sure a lot of details need to be worked out when it comes to implementing. I believe you do come under STEM or Adv Degree pool. There is not much we can do at this point except to wait. I do suggest you contact congressmen, support IV efforts on the bill and the proposed amendments.
The fact is - there is no definite definition for Advanced Degree (yet) in USCIS dictionary. Apart from that there are many things not clear on this matter, I am sure a lot of details need to be worked out when it comes to implementing. I believe you do come under STEM or Adv Degree pool. There is not much we can do at this point except to wait. I do suggest you contact congressmen, support IV efforts on the bill and the proposed amendments.
skango said:
gandhipal...thanks for the info....it was helpful...
I am beginning to think that logically it wont make sense if they exclude adv degree from all categories limit but still count it towards country limit, but as you know uscis seldom follows logic......they may say.....that they stilll want to preserve diversity.....hence they will allow only 10k people from india....and all of them will have adv degree......rest of them can just keep waiting......this is just a stupid argument by me out of frustration...not to be taken seriously....
I am beginning to think that logically it wont make sense if they exclude adv degree from all categories limit but still count it towards country limit, but as you know uscis seldom follows logic......they may say.....that they stilll want to preserve diversity.....hence they will allow only 10k people from india....and all of them will have adv degree......rest of them can just keep waiting......this is just a stupid argument by me out of frustration...not to be taken seriously....
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Grandhipal
Registered Users (C)
hm... never know how USCIS applies the rule. Your skepticism only seems reasonable.
techy2468 said:
As per the provison of S 2524 bill, Advance degree (Master or PhD) in STEM and have atleast 3 years experience in same field in the US before filling petition will be exempted from visa cap.
You have Master in civil engineering and experience in IT may creat problem in qualifying for this. However, long way to go for this act.
You have Master in civil engineering and experience in IT may creat problem in qualifying for this. However, long way to go for this act.
VKM0622 said: