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What Should Be Included In The New I-140 Ead Rule?

Discussion in 'General discussion about executive action' started by Ron Gotcher, Jun 25, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'd like to start a discussion as to what should be included in the pending I-140 EAD rule.

    Thoughts?
     
  2. mar212011

    mar212011 Well Regarded Member

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    Job portability not tied to any specific employer, keep your EAD/ Advance parol with you even if you change jobs
    Allow meaningful gaps in employment when switching jobs
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    All reasonable ideas.
     
  4. surge

    surge New Member

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    If I understand this correctly, for EADs in other settings, there is an underlying status which allows legal presence in the US, such as pending AOS etc. even between jobs or with EAD expired. They should clearly specify the underlying status for I-140 EADs and dependents.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes they should and I believe that they will. This is something that we need to argue in favor of when we comment on the rule.

    BTW, I'm going to compile a list of all of these ideas and keep it current for discussion purposes.
     
  6. pdevarapu

    pdevarapu Junior Member

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    ok I will try one out of Fantasy land.

    Make the I-140 EAD Retroactive for people who are not currently working for their sponsoring employer, provided they have been with that employer for X amount of time since 140 was Applied/Approved
     
  7. cuckoo

    cuckoo Super Moderator

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    I would say anyone with an approved I-140 who continued with that employer fof 6 months post I140 approval should be allowed to get the benefit of EAD/AP and I-140 portability provided they moved to a same of similar job.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'm pretty sure they are looking at one year beyond the I-140 approval. I wonder what this does for "future employment" situations?
     
  9. cuckoo

    cuckoo Super Moderator

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    The leaked memo only talks about 1 year in the context of preventing approved I-140 withdrawal by employer. In any case we can propose a change in proposed time period.

    Regarding future employment-the I140 petition is essentially for future employment (upon I485 approval). What does the 6 month post I485 mean for the current AC21 portability in case of future employment? Same would apply for I140 portability.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think that once someone gets past the one year for I-140 EAD purposes, the six month I-485 rule becomes moot.
     
  11. s_gan

    s_gan Super Moderator

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    If an I-140 is not revoked for fraud or mistake the applicant should be allowed to self-petition/apply for EAD/AP without a sponsor.
     
    Mayur, cuckoo and jdoe99 like this.
  12. cuckoo

    cuckoo Super Moderator

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    I know. I was responding to your "what would happen to future employment" in case I-140 portability question. They could address is in a way parallel to how they handle I-485 porting in "future employment" cases.
     
  13. Kamakazee

    Kamakazee Super Moderator

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    Thanks Ron. This will allow us to have a good list of comments once the proposed rule is published in the FR.
     
  14. Kamakazee

    Kamakazee Super Moderator

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    Most people waiting for this rule already have I-140 approved for more than 1 year so these people will be able to file for EAD/AP immediately. I think the 6 month clock starts after the person gets his EAD/AP right? So then this would be the same as people filing for AOS and following the 180 day rule. Or are people allowed to switch employers immediately after getting EAD/AP? I do not think that will be the case. Employers will submit comments against that.
     
  15. djayash

    djayash Guru

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    Agreed. There might be two waiting time associated with the I140 EAD rule

    - Worked with the sponsoring employer for "X" months after I-140 approval to be able to apply for EAD/AP without visa numbers available - I still do not understand why this would be the case as GC is basically future employment!!!! There is no law for the employee to work for the employer when his GC is in progress
    - As Kamakazee said, post application, the 180 days clock might start for job portability
     
  16. agasthya

    agasthya New Member

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    ---------------------

    Most of the Employers wont start GREENCARD process unless they make sufficient amount of money on the EMPLOYEE. And most of them charge employee for the GREENCARD ( With an exception of few big MNC companies )

    It does not make any sense to force the employee to work for employer for "X" number of days.
     
  17. agasthya

    agasthya New Member

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    ------------------
    Small body shops are pathetic .. they never show Purchase Order to Employee

    - They put "Minimum" wages on the offer letter and make employee sign on that
    - They do not show Purchase Order they receive from Client
    - They make a Margin of $40 / Hour Atleast on the employee.

    And they collect 100% H1B extn and GREENCARD processing costs !!!! And still they want Bonded labor !!! Not rational.

    Whether they should be curbed from sponsoring GREENCARD is a different debate altogether. Most of them are doing now
     
  18. Aarun

    Aarun Member

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    1. Allow self application for I140 EAD/ AP
    2. No minimum timeframe after i140 approval. Should be able to apply immediately after i140 is approved (Let's not self inflict this slavery by stating X months with this employer and Y months with that employer)
    3. Allow self employment while on i140 EAD as most of the people would like to start their own businesses, however in the similar field of perm per law
    4. No minimum income requirement while on i140 ead. Since if you start a business, it takes some hard work and TIME to reach that income level. If they put minimum income requirement, that will be a hindrance for people to start their businesses. Or some people would want to work for startups not on salary but on stock options.
    5. Allow considerable unemployment period as it takes time to find a right job or incorporate. I would recommend say 4 months(?) - On H1 they give 2 months
    6. Allow AOS once the dates are current. No consular processing
    7. For future dependents - since they can't file for H4 as primary won't have H1, there should be a dependant EAD/ AP or some similar status


    That's all I can think of right now. Some more after a cup of coffee may be.
     
  19. mar212011

    mar212011 Well Regarded Member

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    The employers will complain no matter what, so another 180 day seems very unfair after many years of getting 140. Again whose side is the rule going to be
     
  20. agasthya

    agasthya New Member

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    Most of us suggesting something like ( We are giving useless inputs it seems :) )

    - Minimum income requirements
    - "X" number of days
     
    Aarun likes this.

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