If you thought Retrogression is going to reduce with Frist's or Specter's Bill...

F-4 Visa

What is the difference between these two provisions in the bill:

1. Section 405 If an F-4 student(pursuing an advanced degree in STEM) receives an offer of employment in a related field, the individual would be allowed to adjust status to that of a legal permanent resident once the alien paid a $1,000 fee and completed necessary security clearances

2.Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status

Why would anyone go for the second if becoming permanent resident is quicker with the first one? :D
Does the first rule applies even for the non-immigrants(H1B) who already finished degree?
I know the bill has a long way to go but just wondering how actually these sections differ.l
 
rajguy20022002 said:
What is the difference between these two provisions in the bill:

1. Section 405 If an F-4 student(pursuing an advanced degree in STEM) receives an offer of employment in a related field, the individual would be allowed to adjust status to that of a legal permanent resident once the alien paid a $1,000 fee and completed necessary security clearances

2.Section 406 exempts from the numerical cap on employment-based visas aliens with advanced degrees in science, technology, engineering, or math, and has worked in a related field in the U.S. during the 3 year period preceding their application for adjustment of status

Why would anyone go for the second if becoming permanent resident is quicker with the first one? :D
Does the first rule applies even for the non-immigrants(H1B) who already finished degree?
I know the bill has a long way to go but just wondering how actually these sections differ.l
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I believe the first is for current students and the second is for people who have already gotten their degrees and are in the workforce currently. That is the only way I can look at this.

regards,

saras76
 
Section 405 is for prospective students in US in STEM field.

Section 406 is for world wide students with advanced degress (MS/PhD) in STEM.

This is my interpretation.
 
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eBhola said:
70% wastage how ... when EB-3 world wide is also retrogressed to May2001.

Moreover its always like that .. we have a country limit now also ... and a memo overrides it ... The same thing will happen now also ... the bill when signed will tell 10% ( they cannot have - no limits) and later according to the needs the memo will over ride.... It is easier to do somethings in memo's as they are not permanent.

So in all ... these bills will help us in a big way.



Bring Back old provisions -- U mean here DO NOTHING?
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No memo can override any thing here when both these bills very clearly says that no country can get more than 10%. I think the whole intent of scrapping this soft country cap section is to let the excess numbers from EB-1, EB-2 and EB-3 to flow down to EB-5(Unskilled) which I am sure will consume whatever you can give it. If any one sends out a Memo to override it, the EB-5 people will definitely sue USCIS.

Do not look at the Rest of the World for EB-3 currently as that is an aberration due to 245(i). Once you get over that hump, EB-3 Rest of the World will move very quickly but not that of India or China.

The simple fact is that this bill in its current form will be very bad for EB-2 and only a minor benefit for EB-3 filers from India and China. Just look at the numbers. Last year India EB-3 got 23K visas while under the new rule it will get only 10,150. Even taking dependents out of the quota and accounting that last year's numbers were boosted by AC-21 still gives you only a minor benefit to EB-3. I don't see how it benefits you in a big way as you state unless you are from outside of India and China.
 
gc_bronco said:
No memo can override any thing here when both these bills very clearly says that no country can get more than 10%. I think the whole intent of scrapping this soft country cap section is to let the excess numbers from EB-1, EB-2 and EB-3 to flow down to EB-5(Unskilled) which I am sure will consume whatever you can give it. If any one sends out a Memo to override it, the EB-5 people will definitely sue USCIS.

Do not look at the Rest of the World for EB-3 currently as that is an aberration due to 245(i). Once you get over that hump, EB-3 Rest of the World will move very quickly but not that of India or China.

The simple fact is that this bill in its current form will be very bad for EB-2 and only a minor benefit for EB-3 filers from India and China. Just look at the numbers. Last year India EB-3 got 23K visas while under the new rule it will get only 10,150. Even taking dependents out of the quota and accounting that last year's numbers were boosted by AC-21 still gives you only a minor benefit to EB-3. I don't see how it benefits you in a big way as you state unless you are from outside of India and China.
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Well Said! This bill bring disaster to EB2 in India and China. Very little help to EB3.
 
Does that mean if this bill gets passed Guys who have masters in related field
and have more than three years of experience and 485 pending. Does USCIS approve there 485 even though there priority date is not current
 
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