President Obama's Immigration Plan

[rahul412]

I have approved I140. I am considering job change but am wondering if I should wait for some action on EAD for I140's before I start applying for jobs? Any suggestions will be appreciated. Thanks.

There is no time line on when this EAD will be enforced. So plan accordingly.

[Attorney_6]

H1,

This is very difficult to balance, since there is no clarity as to what changes may happen exactly, and when such changes may occur. Thus, the best I can come up with when advising on this topic is to simply weigh out the worst case in either scenario. Essentially, what would be worse--

a) Staying in the current job, missing out on the new opportunity, and, then, nothing changes in terms of the ability to file the I-485 earlier, or

b) Changing to the new job, having to start the PERM all over again etc. and, then, missing out on the ability to file the I-485 earlier if something does change?

 

I also think that it is important to consider the amount of waiting time expected for the PD to become current for the individual under the existing system.

[h1_seeker]

Attorney_6

 

Thank you for your response. When can we reasonably expect to hear about new rules regarding EAD for I-140 holders?

[vijaydhanakoti]

Hello sir,

 

I am interested to work in US, I have 7 years of experience in IT, But i don't know how to initiate.

 

Could you assist me on the right direction, 

 

Thanks & Regards

Vijay Dhanakoti

[Attorney_6]

H1Seeker,

 

We aren't anticipating that people with I-140s would be allowed to get EADs just based upon the I-140. That would take a change in regulation. The same result, essentially, would occur with what has been referenced with respect to I-485 filings--ie some mechanism for filing I-485s earlier (and, thus, becoming eligible for an EAD based on the I-485 earlier.)

 

So far, there are no proposed regulations on these matters.

[raghuru]

Hi

 

My I-140 got approved recently. I am moving to a new employer now. The new employer has a policy in place that they will start the Labor only after 2 years. Since I got my I-140 approved does it mean that I am eligible for 3 year H1-B extension indefinitely,  even if the I-140 is from a different employer (even if my old employer chooses to cancel the approved I-140).  

 

Or is there a timeline within which I need to get my I-140 approved from the new employer. Please let me know. 

 

Thanks. 

[desidesmoines]

Attorney_6,

 

Does this 'change in regulation' have a defined process or just few officials discuss it and make the change??

[h1_seeker]

Attorney_6

 

Just so I understand correctly do you mean that those with approved I-140 will be able to file I-485 and thereby get EAD if obama's EO is implemented. Please correct me if I am wrong

[pg28]

Hi

 

I have approved I-140 and applied for I-485 eb3 category.

 

got married after I applied for I-485 , need to have my H1 active so that my wife stays on H4.

 

with the new H4/EAD changes help me to have just EAD for my wife and me, do we still need to keep H1 / H4 active,

want to get out of the cycle of  reapply  visa extension / stamping is possible. 

 

Regards

San

[mohanbabu400]

Hi

 

My I-140 got approved recently. I am moving to a new employer now. The new employer has a policy in place that they will start the Labor only after 2 years. Since I got my I-140 approved does it mean that I am eligible for 3 year H1-B extension indefinitely,  even if the I-140 is from a different employer (even if my old employer chooses to cancel the approved I-140).  

 

Or is there a timeline within which I need to get my I-140 approved from the new employer. Please let me know. 

 

Thanks. 

 

Technically you are eligible for 3 years and its not guaranteed that your petition will be approved for 3 years. So many other factors will play a role in determining that.  And i don't think you can use it indefinitely. If your previous employer revoked 140 then you can't use it any further at all.

 

My case for your reference and don't take it for granted:

I140 Approved in 2011 and joined new company but H1b transfer approved only for one year as the work order was only for one year. Then joined a new company ( product based company and i was close to finishing 5th year of H1b) in 2013 based on approved I-140 in 2011 and got H1b approved for 3 years

 

Its always best to get the GC process started as soon as possible. IMO, 2 years is long period and i don't want to wait that long to determine whats going on? I would find an employer who can start the process within a year as you know the process is time consuming.

 

PS: I am not attorney and its based on my experience.

[raghuru]

Thank you MeghaD.

 

As I understand, you had I-140 approved from Company A. Then you moved to company B stayed for an year (H1 extended for an year based on approved I-140 from company A). Then moved to company C (H1 extended for 3 years based on approved I-140 from company A) .  But till then you have been working within your 6 years limit on H1 ? 

Your company A did not withdraw/cancel your I-140 as you have left them ? 

 

I came to know from the new employer's attorney,  that there is cancel and revoke for I-140. Cancellation is the notice sent by Employer to USCIS to inform them that the employee no longer works with him and he wants to withdraw the I-140.  Revoke is something USCIS does if they identify any document is a misrepresentation.  

Cancellation will not have any effect on the approved I-140 I am holding.   Can someone comment on this. 

[Nisha03]

When will the rule be published on EAD for approved I-140 as per President Obama's Immigration Plan?

[mohanbabu400]

 

Thank you MeghaD.

 

As I understand, you had I-140 approved from Company A. Then you moved to company B stayed for an year (H1 extended for an year based on approved I-140 from company A). Then moved to company C (H1 extended for 3 years based on approved I-140 from company A) .  But till then you have been working within your 6 years limit on H1 ? 

Your company A did not withdraw/cancel your I-140 as you have left them ? 

 

I came to know from the new employer's attorney,  that there is cancel and revoke for I-140. Cancellation is the notice sent by Employer to USCIS to inform them that the employee no longer works with him and he wants to withdraw the I-140.  Revoke is something USCIS does if they identify any document is a misrepresentation.  

Cancellation will not have any effect on the approved I-140 I am holding.   Can someone comment on this. 

 

Yes I was within 6 year limit when all this happened.

Company A didn't cancel/withdraw my I-140 at the time of the H1 transfer to Company C.

 

Cancellation/Withdrawal of I-140:

if an employer cancels I-140 you can't use it for H1b extensions but the priority can be ported/retained when you start GC process and I-140 is applied with the new employer.

 

Revoke of I-140:

Revocation can done only by USCIS and its to avoid fraudulence

It can be used neither for H1b extensions nor the priority date can be retained. That means you are back in the fresh line.

 

It always suggested to start the GC process with the new employer as soon as possible and port the previous PD.

 

PS: I am not attorney and its based on my experience/knowledge.

[ashuneel]

I came to know from the new employer's attorney,  that there is cancel and revoke for I-140. Cancellation is the notice sent by Employer to USCIS to inform them that the employee no longer works with him and he wants to withdraw the I-140.  Revoke is something USCIS does if they identify any document is a misrepresentation.  

Cancellation will not have any effect on the approved I-140 I am holding.   Can someone comment on this. 

 

Your new employer's attorney is right. Further it is not required to ask for cancellation/ withdrawal of I-140 if employee leaves. Some employers do it while some dont. Actually it is benefial for both parties to keep the I-140 valid as you may be able to join that old employer later and continue GC process if the job still exists. Cancellation will still allow you to retain PD.

[h1_seeker]

How will Obama's EO affect approved I-140 holders if a rule is finalized. Please advise. Thanks.

[pg28]

Can anyone answer  this please , reposting.

 

got married after I applied for I-485 in 2007 eb3 category, need to have h1b active so that my wife has valid h4 status.

 

will the new changes related to h4/EAD  help us to  have EAD for my wife and me,   do we still need to have h1 /h4 active, want to get out of the cycle of reapply of visa extension stamping.

 

Regards

San

[tanishkaa]

As per latest news, Republicans are going to pass Legislation which will reverse President Obama's executive action.

Is that true ?

[ashuneel]

republicans have opposed the EA/EO from the beginning. President can veto any legislation so wait and see. Latest news may not be always correct.

[Attorney_6]

PG28,

 

An EAD does not provide status. The EAD provides work authorization and is typically based upon holding a particular status or having a type of case (like I-485) pending. Thus, even if an H4 becomes eligible for an EAD, it will still be necessary to keep H4 status. The H4 status remains necessary in order to stay legally in the U.S. and to be eligible for the EAD (once the regulations are in place for that benefit.)

[Attorney_6]

Raguru,

 

The H1 can be extended in 3 year increments through ANY employer,  without limitation,  based upon having an approved I-140 and no available visa number. The I-140 must remain "in place" in order to be eligible for this benefit---meaning it must not get revoked. That remains primarily in the hands of the former employer (the government can also chose to revoke if there is fraud/misrepresentation involved.)

 

It is correct that even if an individual is eligible for a three year extension, the USCIS does not always grant a three year H1B duration. This is primarily an issue in the consulting company context where it can be difficult to establish that the particular project will extend for a full three years.

[raghuru]

Raguru,

 

The H1 can be extended in 3 year increments through ANY employer,  without limitation,  based upon having an approved I-140 and no available visa number. The I-140 must remain "in place" in order to be eligible for this benefit---meaning it must not get revoked. That remains primarily in the hands of the former employer (the government can also chose to revoke if there is fraud/misrepresentation involved.)

 

It is correct that even if an individual is eligible for a three year extension, the USCIS does not always grant a three year H1B duration. This is primarily an issue in the consulting company context where it can be difficult to establish that the particular project will extend for a full three years.

 

 

Thank you.

Does it mean that former employer can choose to revoke the I-140 ? There by new employer cannot use the former employers I-140 for future extensions . Please confirm.  

 

 

My Employer's Attorney said, Former employer can only cancel the I-140 and it has no effect for my future extensions using the former employers I-140. I will not be in the risk of running out of H1 extensions, so they are asking me to go through the company's policy of waiting period prior to starting the GC process.  

"Even if the employer withdraws your I-140 Petition, you should be able to use it for subsequent H-1B extensions if needed" 

[pg28]

Thank you Attoney_6,

 

So it means I will have to wait till my case (EB3  - Priority date 2007)  gets current to add my wife's name to the GC application, do you see any rules changes in the future where the spouse name can be added to the GC application.

[raghuru]

My current employer gave me the I-140 receipt number. But he did not give me the I -140 approval notice.  

 

1) With only the I-140 receipt number can I port the priority date with my new employer ?

2) With only the I-140 receipt number can I apply for future H1-B extensions with the new employer (if it is not revoked by the employer) ?

 

Please let me know. 

[Attorney_6]

Raghuru,

 

1. Yes.

2. Yes, usually this is possible.

[raghuru]

Thank you Attorney_6.