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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. prash4u8019

    prash4u8019 New Member

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    well you are so right..I badly wanted to try for better jobs this year.Now i am worrying about headache of another perm process and 140 again and thinking to wait till 2016.
     
  2. mar212011

    mar212011 Well Regarded Member

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    guess many are in similar situation - have offers cant take until EAD
     
  3. prash4u8019

    prash4u8019 New Member

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    Can we expect a Final rule publication on 140 EAD on Fall 2015? since they did all the research before and already took comments in "Request for information" i am guessing by Fall 2015 agenda we get Final rule for 140 EAD unlike H4 EAD which took proposed rule stage for few falls before it became Final.
     
  4. ARam

    ARam Guru

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    I think one should make decisions based on current information and not put careers on hold waiting for the president or politicians to take pity on us. I made a conscious choice between my career or a green card. I personally made a decision to put my career first than a permanent residency/EAD...got a new job with a huge upside in terms of position & monetary benefits after sitting on a I-140 approved for 3 years in a job that didnt offer any growth. I'm happy with my decision but I realize this may not work for everyone...all the best for your future decisions..
     
  5. s_gan

    s_gan Super Moderator

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    My comment was wrt to getting an I-140 EAD not GC
     
  6. speedracer

    speedracer Guru

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    NPRM is expected to be in Oct 2015.. the process will then be released as to next steps.. from current info.. it seems like the normal process which will go through comments phase and hope to get everything done in spring 2016..
     
  7. s_gan

    s_gan Super Moderator

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    Trust me. Employers are going to hold back from sponsoring green cards until the 4th year is I140 EAD goes through.
     
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  8. s_gan

    s_gan Super Moderator

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    I do not think so because H1 is valid only for a 3 years and for the next 3 years you would have to do a renewal
     
  9. speedracer

    speedracer Guru

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    they already do that.. no new thing... its best to negotiate properly before taking the job.. if you are in a position to negotiate..
     
  10. mar212011

    mar212011 Well Regarded Member

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    its good for you... did you start over the GC, were you succesfull in porting the date... the new offers are at higher roles, i dont know if we can still get priority date moved on a higher role?
     
  11. s_gan

    s_gan Super Moderator

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    My first employer was good one, but the team director was an Asian and he would not approve filing until the 5 th year.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Just to control expectations, that Federal Register notice contained an ESTIMATE as to when the NPRM will be published. In my experience, those estimates are seldom accurate. They could publish it tomorrow or in January. Don't make plans, or get your hopes up, that it will be published on October 1, 2015.
     
  13. ARam

    ARam Guru

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    Yes..it was a higher role...and yes I got to keep my priority date and H1 got extended for 3 more years..the process starts again and has my spouse's petition as well.
     
  14. Kamakazee

    Kamakazee Super Moderator

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    Employers whose prime intention is to take advantage of the backlog already do that. Nothing changes. Neither does anything for employers like mine who start GC process after the 6 month or 1 year review.
     
  15. s_gan

    s_gan Super Moderator

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    In addition to that PERM processing times will go up once this rule comes into effect as many people will be switching jobs to port.
     
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  16. Kamakazee

    Kamakazee Super Moderator

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    It will probably be after Oct 1.
     
  17. mar212011

    mar212011 Well Regarded Member

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    i thought this was meant to help ease switch over to new job and take your perm/ 140 with you, do they have to start over?
     
  18. Kamakazee

    Kamakazee Super Moderator

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    Isn't PERM processing supposed to be better and streamlined as part of the President's Immigration Action?
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes it is. The DOL is supposed to be working on new regulations right now.
     
  20. speedracer

    speedracer Guru

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    from my understanding, the 140 portability rule.. once in effect .. will be carried over without the need for new PERM. but I don't know the complete details yet.. hope it doesn't require new PERM
     
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