1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

140 Ead Rule

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

  1. newsam

    newsam New Member

    Messages:
    32
    Likes Received:
    2
    Trophy Points:
    8
    Hi Ron,

    As we are closing in on Sept now, have you heard any further rumours/new on the subject of the Rule change of I-140, allowing portability...

    Regards ad Thanks in advance.
     
  2. djayash

    djayash Guru

    Messages:
    1,322
    Likes Received:
    323
    Trophy Points:
    83
    Ron,

    Based on what we have heard thus far and the speculations that have been floating around, do you think the dependent of the I140 holder will be eligible for the EAD/AP as well (or) would it be just for the beneficiary?
     
  3. Kamakazee

    Kamakazee Super Moderator

    Messages:
    2,698
    Likes Received:
    1,368
    Trophy Points:
    113
    It has to be for all dependents. If the H1B moves to EAD/AP and loses the H1B status, the H4s automatically lose their status. How will they remain here legally?
     
  4. djayash

    djayash Guru

    Messages:
    1,322
    Likes Received:
    323
    Trophy Points:
    83
    Very valid point...I din't think about that....The reason I ask is I will be completing 1 year post 140 approval with my sponsoring employer in October. The job market has very slim pickings for H1B contracting and am thinking if I should consider full time. My wife should be eligible for I140 EAD/AP and wanted to see if I will be able to get it as well.
     
  5. djayash

    djayash Guru

    Messages:
    1,322
    Likes Received:
    323
    Trophy Points:
    83
    Ron,

    I am in a bad situation and wanted to get some opinion on my options. Apologies for the long post

    I am currently on H1B working as a contractor. I learnt yesterday that my contract term is coming to a premature end (matter of a few weeks) and I need to start looking for opportunities. I currently have an approved I-140 in EB2 India (PD Mar 2010) with my current employer. The I-140 was approved on October 23, 2014. Looking at my current situation, my job opportunities as a contractor are very slim and I am considering full time employment as well risking starting the GC process all over again.

    Here are my questions

    1) Looks like I might miss working with an approved I-140 with the sponsoring employer for more than a year. Based on all the speculations heard thus far, I might miss the EAD/AP with approved I140 or portability option, meaning I have the start my GC all over again. Right?
    2) My employer and I are in good terms and we have good intent of faith to work together when I get my GC. Can I file AOS with him when we get there?
    3) My current H1B amendment is in progress (it was earlier valid until Nov 30, 2017). I am even considering applying for H4 EAD, take a break for 4 months and start looking for jobs again. During that period, can I start working again on my H1B cap exempt (even if I have a H4 EAD)?
    4) With the new I-140 EAD rule, will I be able to obtain EAD/AP using my spouse's approved I-140? Her I140 was approved back in 2011 and she has been working with the sponsoring employer all along.

    Again, apologies for the long post

    Thanks,
    djayash
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    We have to see what the new rule provides. Most likely, you will be able to get work authorization.
     
  7. djayash

    djayash Guru

    Messages:
    1,322
    Likes Received:
    323
    Trophy Points:
    83
    Thanks Ron. If I change my status to H4 EAD, can I still work under H1B (capexempt) if I get a job? Assuming my amendment is approved with the same 2017 date.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Yes you can.
     
  9. djayash

    djayash Guru

    Messages:
    1,322
    Likes Received:
    323
    Trophy Points:
    83
    Thanks Ron. I assume I just file a H1B transfer then?
     
  10. newsam

    newsam New Member

    Messages:
    32
    Likes Received:
    2
    Trophy Points:
    8
    Hi Ron,

    Are you expecting any major policy change regarding movement of priority dates, as per the upcoming October Visa bulletin ?

    There are posts like the one below, who are claiming "significant changes" like : “approval” and “acceptance” cut-off dates to be introduced in future visa bulletins.
     
    Last edited: Sep 6, 2015
  11. newsam

    newsam New Member

    Messages:
    32
    Likes Received:
    2
    Trophy Points:
    8
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    There has been a robust discussion of this rumor in the General Discussion 3 thread.
     
  13. allswell

    allswell Guru

    Messages:
    620
    Likes Received:
    180
    Trophy Points:
    43
    Ron, interesting that you are calling it a rumor. is this a rumor and nothing more???
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    As far as I'm concerned, the stuff about the acceptance date being years in front of the approval date is pure rumor. I know of no hard data that supports that part of the story. The rest of it is accurate, if old, news.
     
  15. newsam

    newsam New Member

    Messages:
    32
    Likes Received:
    2
    Trophy Points:
    8
    Thanks Ron for the response.

    On the point about the Gap between the “approval” and “acceptance” dates, unless the spread is wide, what modernization and value add are we introducing over the current system by introducing a new date ?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    It will allow them to move cutoff dates more smoothly. Also, but allowing filings so that the applications will be ready for a decision just as their visa numbers become available, visa wastage should be eliminated.

    Keep in mind that there should be other data in the Visa Bulletin that will tell us a lot about the actual backlog.
     
  17. aashish chaudhary

    aashish chaudhary New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    @Ron Gotcher do we have a new forum to disuss the I140 rules posted recently?
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Anyone can create a thread for it.
     
  19. intstu

    intstu Junior Member

    Messages:
    27
    Likes Received:
    5
    Trophy Points:
    3
    http://www.regulations.gov/#!submitComment;D=USCIS-2015-0008-0001

    Friends....if you haven't done it, please try to post your comments on this proposed rule..

    Suggestion:

    Comment:
    1. EAD for applicants with approved I-140.

    - Without the EAD for I-140, this rule is of no help but will supply the employer with window to keep exploiting the employees willingly or unwillingly by not providing fair promotions or liberty to go for other opportunity or even to start businesses on their own.

    Additional Details if you like.
    http://immigrationvoice.org/forum/f...ial-comments-for-ead-for-i140-regulation.html
     
    Santy likes this.
  20. newsam

    newsam New Member

    Messages:
    32
    Likes Received:
    2
    Trophy Points:
    8
    Any new news on this ?
     

Share This Page