PACE Act

I am engaged and planning to get married next month before my greencard is approved so my spouse can get benefits with me, because if we get marry after the approval she has to wait for Visa availability. Does section H means that if we get marry after she will not have to wait for Visa availability? EB-3 rir.

`(H) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Applicability- The amendments made by subsection (a) shall apply to any visa application pending on the date of enactment of this Act and any visa application filed on or after such date of enactment.
 
Senate schedule

Pace was refered to H.E.L.P. committee. They will review the bill on February 28th.

See active bills, senate schedule, H.E.L.P. schedule and bill to law links below.

Active bills:

http://www.senate.gov/pagelayout/legislative/b_three_sections_with_teasers/active_leg_page.htm

Senate schedule

http://www.senate.gov/pagelayout/committees/b_three_sections_with_teasers/committee_hearings.htm

H.E.L.P Schedule

http://help.senate.gov/Maj_press/2006_01_31_b.pdf

How a Senate Bill Becomes a Law

http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

Sometimes I feel like all I do is worry about immigration stuff. Have fun browsing through the links if you don't already have them in your "Immigration favorites folder" like me. hehehe
 
Need clarification on the non-immigration status in the bill

Hi All,

Looks like this is a good bill that will help us a lot. I have a question on the non-immigration visa experience requirement in the bill. My case is as follows:
Worked on F1 as Coop and with EAD from 1999 to end of 2000
Received H1 towards end of 2000 and applied for GC in March of 2003.

I want to find out if F1 experience counts as the non-immigration visa experience or else I guess I might have missed the boat by about 6 months if this bill passes.

Let me know your opinions on this. Thanks for all of your hardwork in providing the latest information on this site.
 
I think your interpretation is wrong . the proposed act says "working for 3 years preceding application for immigrant visa "
applying for labor is not the same as aaplying for immigrant visa.
In my opinion 140/485 application date is what can be construed as application for immigrant visa
 
I concur on the below.
And the Master's degree holder's EAD work experience if it is relevant will also count to the experience. Hence for example if you filed for your I-140 application on Feb 2005 and if you have worked on any non-immigrant visa (F1 EAD, H1) on or before Feb 2002 then you should qualify.

arbit007 said:
I think your interpretation is wrong . the proposed act says "working for 3 years preceding application for immigrant visa "
applying for labor is not the same as aaplying for immigrant visa.
In my opinion 140/485 application date is what can be construed as application for immigrant visa
Click to expand...
 
rrajendr said:
I concur on the below.
And the Master's degree holder's EAD work experience if it is relevant will also count to the experience. Hence for example if you filed for your I-140 application on Feb 2005 and if you have worked on any non-immigrant visa (F1 EAD, H1) on or before Feb 2002 then you should qualify.
Click to expand...

Thanks a bunch arbit007/rrajendr for your clarification in my scenario.
 
This seems to be a good news. When will it come in effect?

Which experience should be equal to 3 years?

1. Work experience between US Master's degree completion and Labor filing

or

2. Work experience between US Master's degree and I-140 filing

Thanks.
 
eager_immi said:
does this include people with business degrees?
Click to expand...

I am guessing that a business degree such as an MBA would be viewed as Management Science. An underlying bachelors in science or engineering or math should make the case more strong though.

I find it hard to believe that someone with an MBA from Harvard or Wharton is less valuable to the national interest than someone who completed their Masters in Science from some online Phoenix University.
 
Last edited by a moderator:
guys....

this all sounds really really good....

but please, i'm trying not to get my hopes up too high in the air again... :rolleyes:

Anyways, would BS degree in Elect.Engineering that has been evaluated as US Advanced degree Equivalent and 9+yrs work exp in computer science field be exceptible for this kind of scenario or not?

My Labor is already certified, but EB3 world is stuck and will continue to be for many years..
So, for all of us who cannot file I-485 and h1 is already into 7th,8th,9th year...
Is this the kind of thing to look for??
 
This Bill looks like it will see the light of day pretty soon as it talks more about competitiveness of america than increasing immigration, though it would be great if the provision of increasing EB visas can be added to this. My guess is that this bill will sail thru both senate and house.

Does anyway has any idea (those who might have talked to their lawyers) about how USCIS will go ahead sorting application to filter application which will fall out of the visa quota limitations, my guess is there are already hundreds of EB-3 applicants (like me) who had masters degree with more than 3 yrs working experience before they applied I-140 but now they will need to prove that to USCIS somehow so that their application should be approved without the restrictions of priority date.

----------
PD 09/2002
I-485 EB-3 India 05/2003
soon applying for 4th EAD
 
can we include the experience with the current employer? would Labor Cert still be required? or is it that we file the I-140 and I148 directly without approved labor?
 
Dates

WASHINGTON The U-S Senate on March 27th will begin considering an immigration reform bill.

Senator Majority Leader Bill Frist today offered the time frame to Texas Senator John Cornyn and several other key lawmakers involved in the immigration debate.

Among the group was Arizona Senators John McCain and Jon Kyl, as well as Pennsylvania Senator Arlen Specter -- who chairs the Senate Judiciary Committee.

Cornyn says the Senate is likely to include a guest worker plan in its legislation, but whether it includes a path to legal residency will be hashed out in committee.

Cornyn chairs the Senate Judiciary subcommittee on immigration.

http://www.kten.com/Global/story.asp?S=4448319
 
mobility of highly educated workers in STME field is closely tied to innovation and competitiveness as considered by several senate members.
mobility being the keyword. so labor cert will not be reqd and people will straightaway go to AOS stage.

not sure why the employers will support this bill. Whichever way one looks at this, it is de facto increase in EB visas.
Further it is unclear whether MS from US only would be considered. will be boon to the US universities and in turn create several jobs in various campuses across the country as a result of the increased registration.
The bill is a little too generous to PhDs from the US placing them in F4 category and automatically guaranteeing GC after PhD completion if they remain in the US to work.
Getting jobs after MS or phd could become tougher because in 3 years after MS the employee is going to jump boat.
sms10k said:
can we include the experience with the current employer? would Labor Cert still be required? or is it that we file the I-140 and I148 directly without approved labor?
Click to expand...
 
You must log in or register to reply here.
Top