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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. Kamakazee

    Kamakazee Super Moderator

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    Oh, and remember our discussion yesterday about Q1 FY 2016? IV answered this same question asked by someone else and they said "March 2016".

    Considering the rulemaking process, March 2016 is a good estimate.
     
  2. prash4u8019

    prash4u8019 New Member

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    I heard rule making on perm process is expected by end of year. they better do that asap..such a sloggy outdated system they have like age old mainframes
     
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  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My understanding of the proposal is that those with approved I-140 petitions will be able to file for and receive EAD/AP combo cards. One year following the I-140 approval date, they will be able to change jobs/employers in a way similar to AC21 portability.
     
  4. ARam

    ARam Guru

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    Ron, I know you said the Oct 2015 mentioned on the notice is just a stake on the ground and it may actually start next week if they really needed to. How do they get to choose a date? Why Oct 2015 for instance? Is there an internal regulatory compliance process that requires this?
     
  5. stanii

    stanii Member

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    I agree. New employer might sponsor new I140 within 6 months. But USCIS comes up with rule saying your I140 should be approved for at least 2 years or so. then that is trouble.
     
  6. speedracer

    speedracer Guru

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    that would be great.. restarting the process is headache and extra burden on employers and employees..
     
  7. mar212011

    mar212011 Well Regarded Member

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    If someone switches jobs before this rule, can they still take there PERM/ 140 to new employer or do they need to start over
     
  8. Shane

    Shane Junior Member

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    Ron,
    Do guys have to wait for additional 6 months mandatory, even if their i140 got approved 4 years ago?
     
  9. Kamakazee

    Kamakazee Super Moderator

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    Because the Fall Agenda comes out in November and they probably expect NPRM to be done by then. If not, expect to see March 2016 in the Fall Agenda. They will simply push the date back, it is not set in stone.
     
  10. mar212011

    mar212011 Well Regarded Member

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    good to know
     
  11. prash4u8019

    prash4u8019 New Member

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    With due respect Ron or Senior members can someone pls answer this precisely based on ur experience ?
     
  12. Kamakazee

    Kamakazee Super Moderator

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    I am not a "Senior Member" but an "Active Member" and all I can say is that I do not think even USCIS knows for sure.
     
  13. prash4u8019

    prash4u8019 New Member

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    ok fingers crossed..I just only wish this rule is not struck in Proposed rule stage for fall 2015 and spring 2016 like H4 EAD which was struck in proposed rule stage for 1 year and hope they publish final stage in Fall 2015 or spring 2016
     
  14. Kamakazee

    Kamakazee Super Moderator

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    I truly believe that this rulemaking will be a lot faster than the H4 EAD rule. First quarter of 2016 seems to be a good estimate.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The law requires that they provide an estimate as to when they plan to take certain steps. These are just placeholders, not hard deadlines. Often, they act before the date shown.
     
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  16. Irm3

    Irm3 Member

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    I'm in the same boat Have i140 approved(more than a year) with current employer, about to change jobs, currently in the negotiation stage. The new employer is not promising in writing to restart the perm process on day one when i join them, they may start after initial 6 months or 1 year review. left with 2 options now:-

    1) Accept new offer. Wait for new employer to restart perm/i140 process, wait until perm/i140 approved and then wait for an year to be eligible for EAD/AP(as per leaked Memo from Greg). Best Guesstimate to be eligible for EAD/AP is 3 years from now(provided that the current employer revokes i140 in future before new rules are in effect).
    2) Wait for new rules to take effect. Best Guesstimate to be eligible for an ead/ap is 10 months - 1 year.

    Not sure which option to choose :confused:
     
    Last edited: Jun 2, 2015
  17. mar212011

    mar212011 Well Regarded Member

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    i so want it in 3months :) but i know
     
  18. stanii

    stanii Member

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    I wish I had a time machine from the Doc to go back to the future and witness the events!!
     
  19. s_gan

    s_gan Super Moderator

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    No action on that item yet.
     
  20. s_gan

    s_gan Super Moderator

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    Disappointing...
     
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