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application of EAD with I-140 from previous Employer(s)

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I have approved I-140 from company A with priority date of Oct 2008. I  switched job to company B which had similar job. I went through process again and got I-140 approval while retaining PD and EB category. Then I switched to company C since company B was in the process of going out of business for business unit I was working for.  After I switched to company C, within few months, company B indeed went out of business. At company C,  immigration process has NOT  started yet.

Given this, Can I apply for EAD per the new I-765 format/new Octobe'2015  rule  ?

Does this qualify for compelling circumstances for new I-765 form ? 

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As of today no one on this planet knows what "compelling circumstances" are required to file for EAD. So wait till the rule is published.

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There is no rule for I-140 EAD so far ... They have not even published the rule and then they have comment period for 69 days . After which they might make it law ... Long period

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