140 based EAD/acceptance cut off based EAD

[vkb1980]

Hi,
I am a bit confused. The "140 for EAD" is different from "485/EAD/AP filing based on ACCEPTANCE CUTOFF DATE"??

Now that they have finalized 140 based EAD, it looks like it does more harm than good and in fact, dangerous !! if you get EAD through 140 based one, you can't do 485-need to do consular processing of GC, your eligibility for further EAD renewal may be gone if our EB2 priority date retrogresses more than a year as per final action date, plus spouse don't automatic renewal. The "Compelling situation" claw makes it real deal breaker.

My EAD/AP/485 has been filed based on "ACCEPTANCE CUTOFF-Dates for filing" . I am not sure if this is to worry or this EAD is like the actual green card EAD or...if this is the same horrible EAD like the 140 based EAD. 
Please share your opinion.Thanks.

[Attorney_15]

If you read the rule and the DHS explanation, you will see that they specifically say this is a "stop gap" measure until a person can find a nonimmigrant visa sponsor to resume employment. It is designed to help a person who needs the employment authorization and will lose what they already have.

 

An EAD applied for based on an I-485 application is different than the new I-140 based EAD requiring a showing of compelling circumstances.

[vkb1980]

Oh okay, that helps. Thanks for the reply !!