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140 Ead Rule

Discussion in 'Filing for AOS with an approved I-140' started by mar212011, May 21, 2015.

  1. IAmLegalAlien

    IAmLegalAlien New Member

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    If this is the case, then how this I140 - EAD/AP will benefit either single or married? o_O
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    These are two entirely different situations.

    H1B-H4. Presently, an H1B may work for his or her employer only and H4s may not work at all. The new rule will permit H4s to receive unrestricted employment authorization (Like L2s and E spouses).

    Approved I-140: While we don't know exactly what the final rule will provide, it is likely that it will allow both principals and dependants in this situation to receive EAD/AP combo cards.
     
  3. SBR

    SBR New Member

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    IAmLegalAlien - good questions ...

    I want to add little more -

    Wife starts working with H4 EAD and Husband also starts working with EAD/AP , after sometimes wife stops working. what would be possibilities that wife can still stay in US coz she has already lost her H4 status.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Why wouldn't the wife get an EAD through the I-140 approval (assuming the new rule is in place by then)?
     
  5. Kamakazee

    Kamakazee Super Moderator

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    H4 stopping work has nothing to do with visa status. An H4 can be in valid status and may not work all together. It is a choice given to certain H4s.

    If H1B is working on EAD, it means H1B is given AP, which means H4 has also moved on to that stage. H4 can continue working on the status of AP and can stay in the US based on that.
     
  6. john12890

    john12890 New Member

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    1. What is the probability of getting this EAD rule approved for 140 applicants?
    2. What does this mean for changing the jobs if someone gets an EAD post to their 140?

    Can you throw some light on these, please? there is lot of thoughts out there, but it's gripping to know when/actually if this would happen...
     
  7. SBR

    SBR New Member

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    ok , so if wife does not work even if she gets the EAD/AP - she can stay in US without any issues ... right ? for dependent after moving to the same stage getting EAD , its not mandatory that she has to work to maintain the legal status in US - am I correct ?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That's correct.
     
  9. john12890

    john12890 New Member

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    Ron, can an individual be able to change jobs once he receives the EAD post to the i140 approval? And the new job should be in the same category as earlier for him to prgoress on his green card? can you throw in some light on this?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you have an I-485 that has been on file for at least six months, yes. Otherwise, no.
     
  11. Kamakazee

    Kamakazee Super Moderator

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    Good one Ron. As per existing immigration laws, that is the current scenario.
     
  12. john12890

    john12890 New Member

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    Bare with my ignorance, Ron; If I can't change jobs unless I have my I-485 is on file for six month, what difference getting an EAD for my 140 makes?
    (or) are you referring to the existing law, and it may change as we get the EAD? please advise.
     
  13. SBR

    SBR New Member

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    Thanks much Ron.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    From the rumors I've read about the new proposal, you will achieve I-140 portability after one year if you don't have an I-485 on file.
     
  15. justice

    justice Member

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    Any rumors on when this will actually take place - other than the OCt 2015 date we keep hearing...anything sooner or atleaset any inclination to get this done sooner?

    i know you said you dont know anything on 2Rs so i wont ask about that again :).

    Thanks Ron!
     
  16. john12890

    john12890 New Member

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    thanks Ron; this is for sure better than what it is now... hoping the proposal does go through with the speed of light... just a hope..!!
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I expect the new rules before the end of this calendar year.
     
    GeorgeCostanza, justice and soopergal like this.
  18. IAmLegalAlien

    IAmLegalAlien New Member

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    As per my understanding in October, preparation of the proposed rule (Step 3: as per the Rule making chart) will happen i.e. NPRM.
    After that it has to go through OMB review, publication of proposed rule, public comments etc. In between they have to publish this in their fall/spring agenda. Going by the everyone's interest there surely will be thousands of public comments. With all these steps and USCIS's laziness combined it will be a miracle if it happens by year end o_O. Off course every step can be cut short and final rule can be published if WH backs it up!:cool:
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    October is a target/estimate. They could publish the notice of proposed rulemaking next week, or not publish it until January. They will likely give a 60 day window for comments.
     
  20. SBR

    SBR New Member

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    Any new update anybody has ??
     

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