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Not Happening In Any Shape Or Form - Ead Based On I-140

Discussion in 'Filing for AOS with an approved I-140' started by cuckoo, Feb 24, 2015.

  1. speedracer

    speedracer Guru

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    thanks for the update!
     
  2. dgp004

    dgp004 Junior Member

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    If you want to ask questions regarding the I-140 EAD, please ask that by emailing at public.engagement@uscis.dhs.gov
     
  3. Shane

    Shane Junior Member

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    I assume this means EAD's for I140. This is going into rule making process?
    Not sure what reclassification means here !!
     
  4. nov2010eb2

    nov2010eb2 Senior Member

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    Hi Ron,

    Based on today call please can you share your thoughts on EAD for I140 who soon this is going be implemented ?

    Thanks
     
  5. gten20

    gten20 Junior Member

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    The blog article clearly states this..

    We will know more once the once the recommendations are published in few weeks (after march 20, 2015).
     
    GeorgeCostanza likes this.
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to read these things very carefully. For example, opponents of executive action are claiming that Obama said countless times that he is not a king and cannot snap his fingers and change the law. He did, in fact, say something very similar to that. His proposed executive actions, however, do not in any way contradict what he said previously. They are narrower reforms and all involve actions that are within the authority given to him by Congress already.

    It is very easy to make an argument that "pre-registration" with employment and travel authorization is not "an application for a visa." My understanding is that they are going to classify this as pre-registration and grant benefits to those who qualify. Visas will not be issued unless and until they are available, however.
     
  7. PKP

    PKP New Member

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    Hi Ron,

    I am a new member to this forum, have been following this forum and the comments provided by members and you have been very informative. Can you please help me with the below questions

    1. I have an approved I140(i have exceed 6 years of regular H1b limit and currently on I140 based extensions) with current employer, if i loose job and my employer does not revoke the I140 petition, can i get H1b transfered based on approved i140 of old employer.

    2. If yes, then is it only the first time when i leave my current employer i can get H1 transfered based on I140 or mutiple times in future as long as the I140 is not revoked?

    3. If I140 is not revoked and i had to leave the country in case if i dont find a job, can the I140 be used for H1b transfer from india if i find a job in future?

    Please provide your comments

    PKP
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That petition response simply stated the existing law. To put it another way, they are saying "we can't do what you want under existing laws and policies." Nothing more. It does not slam the door on new rules.
     
  9. cuckoo

    cuckoo Super Moderator

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    The answers to all of your questions is yes, provided I-140 is not withdrawn.
     
  10. PKP

    PKP New Member

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    Thanks a lot
     
  11. Bhaskar CP

    Bhaskar CP New Member

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    Does anyone know if this EAD based on i140 approved applies only to H1B or can L1B and L1A(my employee wont do EB1 and its their policy) visa holders with i140 approved do the same as well? We cannot extend our visa beyond maxout date using an approved i140 if we are on L1A/B category unless we convert it to H1B visa but that is subject to cap.
     
  12. SGeorge

    SGeorge Guru

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    I believe the intent is to provide relief for those who waiting in GC backlog line.So ideally it should not be limited to any visa category.It should be for all I140 approved but we are yet to see the actual rule.
     
  13. Kamakazee

    Kamakazee Super Moderator

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    Since USCIS had asked for comments to modernize the legal immigration system as well as had a listening session and welcoming comments to their questions, is it possible that they can issue an interim rule some time soon so that people can at least apply for EAD/AP and utilize those benefits as USCIS goes through the formal rulemaking process.

    Since they have already received so many comments on "Pre-Registration", I really do not see why they cannot issue an interim rule.
     
  14. nov2010eb2

    nov2010eb2 Senior Member

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    Hi Kamakazee,

    This afternoon L1b visa call is scheduled with USCIS, Is there any chance to know(hints) when EAD for 140 will be implemented ? or what is the next priority on the USCIS list
     
  15. Kamakazee

    Kamakazee Super Moderator

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    Its about the latest L1B memo that they issued clarifying the "specialized knowledge". I do not think there will be any talks of Pre-Registration.
     
  16. john12890

    john12890 New Member

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    hi Ron, was just reading through all your responses on this subject, and thanks for all your insights.
    Just thought to know if you have heard anything new on this? and what's your sense says when they would allow the folks with I-140 to file for an EAD (or) provide some form of flexibility to move jobs. please share some thoughts.
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I haven't heard anything lately that isn't already public knowledge.
     
  18. nik2015

    nik2015 New Member

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    Any information from AILA meeting today about AOS. Saw few tweets it's going to happen soon?
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    AILA hasn't posted anything and there's nothing on the internal message board.
     
  20. cross

    cross Junior Member

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    I have only followed this thread for any updates to the EAD for I-140 approved rule and ignored all other noise from other forums. What happened last Friday to suggest this is on track? Some of my friends who subscribe to IV also mentioned they are putting out info sheets for filing I-485.

    My other question was there will be thousands of spouses waiting to file H4 EAD on May 26th just like mine and in the middle of that if they also bring this EAD for approved I-140, everyone will be filing in two different spots. Say my spouse applied and got the H4 EAD that will obviously be tied to the H4 status. Then if the EAD on approved I-140 passes muster, seems like it will be better to be on that than being on an EAD tied to a non-immigrant status which will force another EAD application (I guess no need to pay for the I-765 as it is being filed with the I-485).

    Please correct me if I am wrong but it seems so inefficient which they could have avoided if they had let H4s have EADs just like L-2s do.
     

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