nvedia Posted February 16, 2016 Report Share Posted February 16, 2016 Hi All Are you on H1B waiting to file your GC or approved I140 waiting to get your GC Chances are you are stuck in long backlog Recently, a new regulation was passed on Jan 1, 2016 which will make sure we are stuck in GC backlog Please post your comments here - www.regulations.gov/#!docketDetail;D=USCIS-2015-0008 Please do not forget to mention INA code 274A(h)(3) the same code was used to provide EAD to DAPA/DACA(illegals) Link to comment
rahul412 Posted February 16, 2016 Report Share Posted February 16, 2016 Hi All Are you on H1B waiting to file your GC or approved I140 waiting to get your GC Chances are you are stuck in long backlog Recently, a new regulation was passed on Jan 1, 2016 which will make sure we are stuck in GC backlog Please post your comments here - www.regulations.gov/#!docketDetail;D=USCIS-2015-0008 Please do not forget to mention INA code 274A(h)(3) the same code was used to provide EAD to DAPA/DACA(illegals) My friend, please take a look into this thread.It looks like legally no one is eligible for EAD as per the current rules. And this is almost confirmed by this law firm. http://forum.murthy.com/index.php?/topic/97049-your-suggestions-for-murthy-law-firms-comments-on-proposed-rule-for-changes-affecting-eb1-eb2-eb3/ Anyhow, keep commenting against this rule. Link to comment
nvedia Posted February 18, 2016 Author Report Share Posted February 18, 2016 My friend, please take a look into this thread.It looks like legally no one is eligible for EAD as per the current rules. And this is almost confirmed by this law firm. http://forum.murthy.com/index.php?/topic/97049-your-suggestions-for-murthy-law-firms-comments-on-proposed-rule-for-changes-affecting-eb1-eb2-eb3/ Anyhow, keep commenting against this rule. Please explain what do you mean? When DHS has authority to provide EAD to anyone under INA code 274A(h)(3) then how are we not eligible for EAD? Link to comment
rahul412 Posted February 18, 2016 Report Share Posted February 18, 2016 Please explain what do you mean? When DHS has authority to provide EAD to anyone under INA code 274A(h)(3) then how are we not eligible for EAD? It's about the eligibility for EAD. In order to be eligible for EAD, you need to in some legal status. According to this rule their is no new status for people who are eligible for EAD If a person with I140 gets EAD then what is his legal status?? EAD is not a status, its a work permit. Hence no one is eligible for EAD as per the current rules. If you're talking about DACA/DAPA ,its the same since they doesn't have any legal status they are not eligible for EAD that's the reason for lawsuit against DACA/DAPA. Link to comment
nvedia Posted February 19, 2016 Author Report Share Posted February 19, 2016 It's about the eligibility for EAD. In order to be eligible for EAD, you need to in some legal status. According to this rule their is no new status for people who are eligible for EAD If a person with I140 gets EAD then what is his legal status?? EAD is not a status, its a work permit. Hence no one is eligible for EAD as per the current rules. If you're talking about DACA/DAPA ,its the same since they doesn't have any legal status they are not eligible for EAD that's the reason for lawsuit against DACA/DAPA. Not sure what it means but how then anyone whose priority date becomes current gets EAD and then GC ? I have seen people being on EAD for 6 mo - 1 year waiting for getting the actual GC Link to comment
rahul412 Posted February 19, 2016 Report Share Posted February 19, 2016 Not sure what it means but how then anyone whose priority date becomes current gets EAD and then GC ? I have seen people being on EAD for 6 mo - 1 year waiting for getting the actual GC Their status is pending 485. Some H4 applicants are eligible for EAD and that EAD is issued on H4 status, they might be working using EAD but their status is H4 not EAD. My friend, I guess there will be a lawsuit filed immediately once this rule is approved. I had lot of hopes on this rule, they simply messed up everything. Link to comment
nvedia Posted February 20, 2016 Author Report Share Posted February 20, 2016 Their status is pending 485. Some H4 applicants are eligible for EAD and that EAD is issued on H4 status, they might be working using EAD but their status is H4 not EAD. My friend, I guess there will be a lawsuit filed immediately once this rule is approved. I had lot of hopes on this rule, they simply messed up everything. lawsuit against what? We are not getting anything new with new I140 regulation anyways Link to comment
nvedia Posted February 21, 2016 Author Report Share Posted February 21, 2016 It's about the eligibility for EAD. In order to be eligible for EAD, you need to in some legal status. According to this rule their is no new status for people who are eligible for EAD If a person with I140 gets EAD then what is his legal status?? EAD is not a status, its a work permit. Hence no one is eligible for EAD as per the current rules. If a person with I140 gets EAD, he is still on h1B and that is the status. ? Link to comment
rahul412 Posted February 22, 2016 Report Share Posted February 22, 2016 If a person with I140 gets EAD, he is still on h1B and that is the status. ? So what is the use of EAD if you still need H1? Link to comment
rahul412 Posted February 22, 2016 Report Share Posted February 22, 2016 lawsuit against what? We are not getting anything new with new I140 regulation anyways Looks like you are not understanding the process. You need to wait till air is clear. I would say wait until this rule is published. Link to comment
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