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Discussion in 'General discussion about executive action' started by djayash, Nov 21, 2014.

  1. GeorgeCostanza

    GeorgeCostanza Guru

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    Ron, what are your thoughts about the timeline regarding EAD after I-140 for legals after March 20th? Sorry if this has already been asked and answered previously.
     
  2. Senram

    Senram Member

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    I think Obama is going to have a first big setback if the EO legal issue not resolved before his term end. Now just because the pressure from immigrant community he is filing for emergency stay which is hard to get at this stage. After filing the appeal his work is also done but undocumented immigrants will be in limbo for many months or years and no immigration reform until legal issue is resolved. But it will be interesting for everyone except them

    http://www.politico.com/story/2015/02/white-house-immigration-order-block-judge-115366.html?hp=t1_r

    Another major thing is Obamacare. I am sure GOP will repeal at any cost if they they get their party President
     
  3. dhakkan

    dhakkan Senior Member

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    I am waiting for an answer for the same question. Hopefully Ron replies before any other opportunist troll. See 3 posts above :)
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There are good strategic reasons for asking for a stay. Among other things, it gives them two bites out of the apple. I think the issue of momentum is greatly overvalued. If I were running the litigation for DOJ, I would have started working on a stay as soon as that order came out Monday night. Also, if the Fifth Circuit refuses the stay, they will be obligated to expedite the appeal.
     
  5. s_gan

    s_gan Super Moderator

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    Why did you change the logo ? It doesn't look good.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I just felt like a change. I can always change it back.
     
  7. Senram

    Senram Member

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    I heard even for expedited appeal it will take 6 months for completion. Usually we had a history of Plaintiffs needed to wait months or years to get some ruling. But in this case because of judge shopping done by States government is in the position to wait months unless emergency stay is achieved
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The federal government has a little more pull than the average litigant. They can do a full appeal in three months if the court expedites it.
     
  9. asdk

    asdk New Member

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    H4 EAD has been approved by OMB. It is said to take effect May 26th.
     
  10. dgp004

    dgp004 Junior Member

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    Great news indeed.

    Now waiting for I-140 EAD rule.
     
  11. keyurpatel80

    keyurpatel80 Junior Member

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    Anyone know the impact of H4 EAD on H1b principal candidate ?

    If H1b loss the job, what is impact on H4 EAD ? Will EAD be cancelled ?
     
  12. djayash

    djayash Guru

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    If H1B loses job and the status, then H4 is not valid anymore. However, if the H1B holder is still in status and with a different employer, there should be no impact to H4 EAD
     
  13. keyurpatel80

    keyurpatel80 Junior Member

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    ok H1b is out of status for some-time till he get another job, but can H4 EAD holder still work during this time ? How USCIS will know this ?
     
  14. dgp004

    dgp004 Junior Member

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  15. djayash

    djayash Guru

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    Well, if you are out of status on your H1B, then the H4 is also out of status and so is the EAD. You will have to leave the country when you are no longer eligible for H1B. This is my assumption from the rule. Ron or someone else can chime in if this is incorrect.
     
  16. vijay_karajgikar

    vijay_karajgikar New Member

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    I have a question. Based on the previous questions/discussions posted here seems like the March 20th is the deadline for the I-140 EAD rule to be processed. I expect that it will be made available to the H1B immigrants with approved I-140 am I right?
    If I get the EAD (whenever that will be), and If I use the EAD to get confirmation or change the job, will my H1B be revoked / or is H1B not valid anymore? Is there a way I can get back my H1 after using the EAD?
     
    dgp004 likes this.
  17. dgp004

    dgp004 Junior Member

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    https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-04042.pdf

    In page # 72 DHS mentioned about the comments regarding I-140 pre-registration EAD and mentioned that they are beyond the scope of this current rule making.
     
  18. djayash

    djayash Guru

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    If at all the I-140 EAD is made a rule, then the major beneficiaries of H4 EAD will be those who have h1B beyond six years (based on pending PERM for more than 365 days). If you change your jobs using EAD, then your H1B will be revoked. However, you can choose to transfer your H1B instead, thus having EAD as a backup option in case you get fired.
     
  19. s_gan

    s_gan Super Moderator

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    I don't think I-140 EAD rule can be implemented without a change to the law.

    H4-EAD is valid only if the both the spouse and the principal have maintained their visa status. If an H1 holder is issued an EAD based on I-140 approval then the EAD is valid only if the H1 is valid. Unlike adjustment of status I-140 does not act as a bridge to PR. This makes the EAD redundant.
     
  20. Jsad

    Jsad New Member

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    Hi Ron,

    With regards to the H4-EAD rule, does the approved I-140 have to be associated with the primary's H1B visa sponsoring company?

    I have an approved I-140 and am taking up another job. Would my spouse be able to use the previous I-140 to get an EAD?

    Also would the new proposed 'I-140 EAD' be retroactively applied as well?

    Thanks
     

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