New President Executive Order 140/485/EAD

[johnmc]

Hello,

 

I was told that per the new executive order signed by the President, people with approved 140 can immediately file fro 485/EAD. Can someone please tell me if this is true?

 

Thanks!!

[rahul412]

Hello,

 

I was told that per the new executive order signed by the President, people with approved 140 can immediately file fro 485/EAD. Can someone please tell me if this is true?

 

Thanks!!

I think so. But wait for final announcement.

[ashuneel]

not yet.

USCIS needs to publish such a rule after all procedures have been followed.

[ashuneel]

Also keep checking Murthy website for updates.

[Attorney_6]

Right. The President can not just make this change. It requires a new regulation. There is no set time table for moving forward with this change.

 

We will keep updating MurthyDotCom as we get more information. Obviously, this would be a HUGE change, so we will be tracking any developments closely.

[Helpful hands]

I have Approved I-140 in Oct 2013 but changed Job (H1b Transfer) in July 2014.

Previous employer has not revoked or not going to revoke my I-140.

If above rule comes in to effect, I can apply for EAD/I-485 or I have to transfer my I-140 PD date with new employer?

 

Thanks in Advance.

[rahul412]

I have Approved I-140 in Oct 2013 but changed Job (H1b Transfer) in July 2014.

Previous employer has not revoked or not going to revoke my I-140.

If above rule comes in to effect, I can apply for EAD/I-485 or I have to transfer my I-140 PD date with new employer?

 

Thanks in Advance.

You can't file 485 now. That's for your GC, under this new regulation you apply for H1 EAD, if my assumption is true.

[Helpful hands]

Rahul412, Thanks for reply.

 

Yes I cannot apply right now but when it comes in effect in future I can apply for EAD as I have approved GC I-140 from previous employer? or I have to first transfer I-140 to my current employer to file EAD.

 

Thanks again.

[rahul412]

Rahul412, Thanks for reply.

 

Yes I cannot apply right now but when it comes in effect in future I can apply for EAD as I have approved GC I-140 from previous employer? or I have to first transfer I-140 to my current employer to file EAD.

 

Thanks again.

No one knows what are the rules in order to get eligible for this EAD. More it was not even mentioned that EAD will be issued for I140 approval candidates, so don't come to any conclusion before its finally announced.

 

PS: I am sure USCIS will try to regulate this order in such a way that only few number of candidates will be eligible.

[Attorney_6]

Helpful,

While it is too early to know what form the changes will take, it is best to operate based upon the current rules. Thus, under the current rules, it is necessary to refile the PERM etc. when one leaves the GC sponsoring employer before reaching the I-485 stage.

Don't lose valuable time hoping for changes that are uncertain. Move forward with the new GC case rather relying on the unknown.

[sureshv120]

Hi,

 

I have a couple of questions on this.

 

a. If this new executive order becomes law, then do all future people getting I-140 approved(assuming that is going to be the rule) be eligible to apply for EAD immediately? I ask this because I don't have I-140 approved now. Say I have an I-140 approved 2016, then do I also become eligible to apply for EAD? Or is it just for a small amount of time that this comes into effect. May be a dumb question, but I am not that educated related to immigration.

 

b. I know this question is impossible to answer. But what is the avg time frame that past executive orders have taken to become law.

[sureshv120]

Also in the below link, section 4, I don't see where they mention about H1b guys getting EAD. It mentions, spouse will get EAD. Please clarify.

 

http://www.uscis.gov/immigrationaction

[rahul412]

Also in the below link, section 4, I don't see where they mention about H1b guys getting EAD. It mentions, spouse will get EAD. Please clarify.

 

http://www.uscis.gov/immigrationaction

That's what everyone is saying, so wait till USCIS comes with their final regulation changes. Till then either keep guessing or have patience.

[pjagadish86]

Rahul412, Thanks for reply.

 

Yes I cannot apply right now but when it comes in effect in future I can apply for EAD as I have approved GC I-140 from previous employer? or I have to first transfer I-140 to my current employer to file EAD.

 

Thanks again.

 

 

Date of Immigrant petition belongs to you and of course Yes, need re-application for PERM  LC and I-140 through current employer. 

[dakshinabalu]

Hi Sirs

 

I have I-140 approved and Perm Labor approved on Sep 2010 and Dec 2010 [EB2 Category] with my old employer, after that my H1B revoked with my old employer because of my old employer did not file LCA [ Labor conditional application] even after I started more than 2 months after my new job found by immigration officer. After my H1B revoke with old employer, got a new H1B with new employer based on my I-140 approaval with old employer, My new employer did not start any of my Green Card Process such as porting priority date or putting advertisement in news paper etc. Also I am hearing new I-140 approval and porting priority date takes lot of time also if get into random check then it may take more than a year.

 

My question is based on all this issue, is it , it  would be better  I will transfer my H1B with my old employer so that I no need to do new I-140 and porting my priority date etc?

 

Is it legally if I can transfer  my new H1B to old employer to whom I got my I-140 approval and Perm Labor certified and able to utilize my old I-140 and priority date, then once my priority is current I can able to apply my I-485 and EAD immediately?

 

Thank you.