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Speculation On 140 Ead & Ap

Discussion in 'General discussion about executive action' started by Ron Gotcher, May 29, 2015.

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  1. DamperGreen

    DamperGreen Junior Member

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    The point is, you still have to maintain h1b, even with #2. Stamping and all that crap. Not having to file PERM again after changing jobs is an advantage - yes.
     
  2. manixium

    manixium Super Moderator

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    Yup, actually many of my 485-filing friends prefer H1B. Apparently AP is a higher trigger for secondary inspection, plus the whole rigamarole about transit visas and stuff. It makes international travel quite annoying. Finally, one of them had to deal with 30 days of no work because of delays in EAD card processing. I know that unless they process EADs quicker and bring back the interim EAD rule I will elect to remain on H1B.
    I'm just looking forward to not going through PERM/I-140 over and over and over again.
     
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  3. DamperGreen

    DamperGreen Junior Member

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    Yes, that helps. But provided it's same or similar occupation. How does USCIS define "same or similar occupation" ?
     
  4. mar212011

    mar212011 Well Regarded Member

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    EAD gives you job portability after 180 days
    I dont think they can withdraw the application after 180 days but i maybe wrong
     
  5. msr

    msr Member

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    They can withdraw the application even after 180 days but the point is after 180 days even if they withdraw it doesn't matter and will not have any effect.
     
  6. cuckoo

    cuckoo Super Moderator

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    This not a new system as far as how ead/ap and portability rules for AOS applicants apply
     
  7. cuckoo

    cuckoo Super Moderator

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    Usually ead has no limitation. You can work in any job and be paid either on a w2 or 1099. You can keep your job and have another part time one if you want and your job contract allows. Once you use ead for employment, you are in a stay authorized by the attorney general, and not in H1b status. It has its pluses and minuses.
     
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  8. yamanoor

    yamanoor Guru

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    Thank You!
     
  9. rcht148

    rcht148 Member

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  10. Alex8525

    Alex8525 New Member

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    This means that Greg isn't even little serios about all this EAD for I140 issue, otherwise he would have know about this earlier. From what I think, IV is correct about not trusting lawyers on EAD for I140 issue.
     
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  11. smartboy

    smartboy Senior Member

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  12. Aarun

    Aarun Member

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    Huh!!?? I know there's such a thing as reading between the lines. But I am not sure what are you reading between! How did you arrive at that conclusion?
     
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  13. Alex8525

    Alex8525 New Member

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    Really? Go back and read his post in above link again. He himself has corrected the post and said that he incorrectly reported it. This was not a new posting by DHS, it is there since last few months (may be 6 months).

    I would expect some lawyer, who says he is fighting for us, to have at least knowledge about this DHS posting. I am not saying that the rule is not going to get published, but I am saying that the seriousness of Greg on this in to the question. As a lawyer for corporations, it is natural for him to have his interests would be against this rule and which I think is true.
     
  14. zaccarl

    zaccarl New Member

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    Can we create petition just for the backlog people and request people to sign?
    We can ask one volunteers from TCS, Infosys , HCL , COGNIZANT etc .who can push for signatures.
    But the content should be very clear "Waiting for rule status " and "How is it going to help backlog".

    Any thoughts ?
     
  15. Alex8525

    Alex8525 New Member

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    Do you really think that those petitions work?
     
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  16. zaccarl

    zaccarl New Member

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    Do you have an idea what is going to work ? It better than just discussing your chances over any forum and bashing lawyers and IV for not doing the work. OPT student got 100K signatures on their petition and rule is out now.

    The least we can do is try .Nobody knows here what would work
     
  17. Alex8525

    Alex8525 New Member

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    Yeah, I don't think it will not hurt to try and I will gladly sign the petition and also ask others to sign. However, I am not positive about the outcome. I really hope that USCIS is still actually drafting that rule.
     
  18. SGeorge

    SGeorge Guru

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    Yes, it will not hurt to try and who knows a petition will speed up the EAD for I140.Since it is not for any subset it would be easy to get more signatures.
     
  19. Alex8525

    Alex8525 New Member

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    Getting signatures would be hard. We legal immigrants are not known to express our interests.
     
  20. SGeorge

    SGeorge Guru

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    If we can coordinate with CTS guys and make them aware , then it is going to be much easier.They are the largest block waiting for GCs.
     
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