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I-140 Ead Executive Action

Discussion in 'General discussion about executive action' started by crimsonroll, Oct 26, 2015.

  1. crimsonroll

    crimsonroll New Member

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    Hi, Thanks in advance for reading this post. I am having couple of questions regarding I140 and Executive action on I-140 EAD. I have an approved I140 from my employer which was approved in July 2015. I have a job offer from new employer. As the Presidents EO on EAD for approved I140 is in process. I am in dilemma to change employer or stick with current role and wait for EAD for I140. If I change to new employer and If executive action on EAD for I-140 becomes reality, can I use my approved I-140 from my old employer to file for EAD? As per Obamas EO, after 180 days of approval for the I-140 will the employer looses, the ability to revoke the I-140? Based on your previous cases and past experience with this kind of Executive Action cases. Can you please put some light on how long the EAD 140 (roughly) rule might take or going to be effective? If I140 EAD is going to be effective or going to be in place for next 1 year or so, I dont think its worth changing. I am asking your thoughts, I am liable for my decisions. Also, if I move to new employer, as I have approved Perm and I-140 from my previous employer, will it help (Getting faster resposne of approval) when I am filing the GC process with new employer? Thanks again in advance.
     
  2. rahulms

    rahulms New Member

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    I don't think anybody here has accurate answers to when the rule will be published and eventually approved and enforced. I am in a similar boat as you are, with I140 approved in Dec 2014 and hanging on in my current job to see if the EAD rule comes through. I plan on waiting for another 6 months to see if any movement happens around this rule before trying to look for other jobs.

    Also, I dont think previously approved I140's have any bearing on any subsequent PERM and I140 approvals. Best to check with a lawyer.
     
  3. Mayur

    Mayur Well-Known Member

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    Firstly , nobody knows the answer to how soon 140 EAD rule will get published or whether scenarios such as yours would qualify or not.

    That said, going by your post, my guess is that your PD should be around 2014 . It is safe to say that under the current rules it is really tough for your date to be current anytime soon, unless you believe visa recapture might happen soon. Even in the case HR213 passes you still will have another 2-3 years time to get current.


    So depending on the merit of the new employer/new job , I suggest you take a good decision. Good luck
     
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  4. mayurjain13

    mayurjain13 Junior Member

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    It looks like USCIS is on twitter, are they going to answer anything on I140 EAD? or this thing is already dead.
     
  5. mayurjain13

    mayurjain13 Junior Member

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    The forum is completely dead... I think people are enjoying the festival season..
     
  6. ArviGiri

    ArviGiri New Member

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    watch live.. uscis top brass answering.. go on and email your questions.
     
  7. mayurjain13

    mayurjain13 Junior Member

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    I think this forum is officially dead!
     
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  8. ARam

    ARam Guru

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    Desparate times.... The changes are coming...I'm as hopeful as you are. Lets be hopeful.
     
  9. WhatSheSaid

    WhatSheSaid Member

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    I'm hoping we will hear something by 11/21 - Anniversary of BO #ImmigrationAction
     
  10. mayurjain13

    mayurjain13 Junior Member

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    Wishful thinking... I just hope we do not hear anything negative.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I can't cite anything specific, but my gut feeling is that we will have something before Thanksgiving.
     
  12. s_gan

    s_gan Super Moderator

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    FYI.

    Some people close to AILA have floated rumors stating that I-140 EAD is being delayed because of the VB lawsuit.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I have to call bullshit on that.
     
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  14. s_gan

    s_gan Super Moderator

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    I completely agree with you and that is exactly what I said when I heard it. I do not want to disclose who said this. I think you can guess it.
     
  15. stocks123

    stocks123 Senior Member

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    Who else our favorite twitter king lawyer
     
  16. SKumar

    SKumar Member

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    See the following on the Oh Law firm web site:
    http://www.immigration-law.com/XXIV.html

    11/20/2015: USCIS Submits on 11/19/2015 Proposed Rule for Employment-Based Immigration Modernization, aka Approved I-140 EAD/Portability
    • Yesterday, the USCIS officially submitted a proposed rule under the name of "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers" to the OMB for its approval. The text is yet to be made available. We will post the full text as soon as it is made available. Please stay tuned.
    • Good News: This proposed rule is presented as "Economically Significant" rule, meaning that OMB, if they agree, can clear it in a matter of days or within 30 days rather than 60 days or 90 days. The time table for this proposed rule is set at "December 2015!" Obviously, the proposed rule will set "comment" period as required under the APA rule-making law in order to initiate the interim final or final rule making process.
    • Rule-Making Justification Summary Statement: "This rule provides needed stability and flexibility to certain employment-based immigrants while they wait to become lawful permanent residents. These amendments would support U.S. employers by better enabling them to hire and retain highly skilled and other foreign workers. DHS proposes to accomplish this, in part, by implementing certain provisions of ACWIA and AC21, as amended by the 21st Century DOJ Appropriations Act. The 21st Century DOJ Appropriations Authorization Act, which will impact certain foreign nationals seeking permanent residency in the United States, as well as H-1B workers. Further, by clarifying interpretive questions related to these provisions, this rulemaking would ensure that DHS practice is consistent with statute."
     
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  17. mar212011

    mar212011 Well Regarded Member

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    It was good to read the announcement. and then they had to put a spoiler in the end about lawsuits
     
  18. LeoNYC

    LeoNYC Registered Users

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    Who mentioned lawsuits and where?
     
  19. WhatSheSaid

    WhatSheSaid Member

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    It did happen! Finally, but we need to be ready with our comments as well as counter any negative comments!
     
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  20. logwaitforgc

    logwaitforgc New Member

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    Hello,

    Where do you send your comments for this rule?
     

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