I-140 EAD Regulations Effective 17 January 2017

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 The New I-140 EAD, etc. Regulations

2 December 2016

Radio Show Discussing Overview of the new I-140 EAD Regulations

2 December 2016

Discussing I-140 EAD FAQ in community conference call 

30 November 2016

Tomorrow, December 1, 2016, we will discuss some FAQ raised by the immigrant community. We have a free community conference call, every other Thursday at 12:30 PM EST. Call or Skype 202-800-8394. The details of the call are here: http://bit.ly/2dEdOzi. The questions The FAQ regarding the new regulations includes:

Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations, effective date of new regulations.

Discussion Topics, Free Community Conference Call (Every Other Thursday), 1 December 2016


FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.

Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.

Comments

Hello Rajiv,

My I-140 got approved on 11/2016 and i left the company in 12/2016 as i got full time offer.

Now after(more than) 180 days, in USCIS website, my I-140 case status got changed to "Correspondence Was Received And USCIS Is Reviewing It" , seems my employer send the withdraw notice.

As i left my previous company before 180 days rule, can i still use my PD and can apply for H1-B extensions after 6 years of stay? and can i file I-40 H4 EAD?.

Please suggest.

Thanks
Sandeep Arora

The new regulations do not require that you have to continue to be employed for 180 days. They require only that the form I-140 stay unrevoked for 180 days.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I'm not sure what you're asking me. If you have questions about your case specifically, you may want to call the USCIS customer service.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Rajiv,

I have my I140 approved in 2015under EB2 with Employer A.
I accepted a new job from top MNC(Employer B). But they are saying that they can apply GC under EB3 as per the policy. I still have my old I140 approved under EB2 with Employer A as active and they wouldn't revoke.
So if I accept the Employer B's proposal to file GC under EB3 and get I140 under EB3, Will I loose the ability to claim and apply I485 that the old Employer A's I140 under EB2 when the date becomes current.

Unfortunately, your question is very difficult to understand. Normally, you can only apply for I-485 if you are joining the same employer who sponsored the petition based upon which you are filing your adjustment of status.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hello Rajiv sir,

My I-140 is approved in October 2016 through employer A, now I have an offer from employer B which I will be accepting and be getting my H1B transfer and extended. I know that I am not going to be with employer B for more than a year or two and I am anticipating that my priority (June 2015) date will not become current in this year or two that I will be working for employer B. Lets say after 2 years I got an offer from employer C (will use my approved I140 no from employer A for H1B transfer and extension) who is ready to sponsor my GC and will start PERM and I140 after a year of me working for him, does this 3 years of gap of me not having any employer sponsor my GC be a problem? Do I have to have some employer sponsor for my GC all the time or how much of maximum gap can I have between two employers sponsoring my GC.

(assuming current laws tied with employer based EB-2 GC sponsorship stays same for another 2 -3 years)

Thanks in advance for your time, help and advice. Appreciate it!

Under the current scheme of laws there is no restriction on how much gap there can be between two I-140 petitions.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hello Rajiv Sir.

I have approved I-140 from my previous employer(A) in 2016 and I changed my employer(B) in Dec 2016.
My current employer (B) has not filed for GreenCard yet and they plan to process only in Feb 2018.
I want to travel out of US and my company's legal is saying I cannot travel outside of US without having 2.5 weeks of leaves else it is going to be a very complex case. I cannot understand why 2.5 weeks of leaves is needed to go out of US. Can you please validate this statement for me?

Many thanks in advance.

I see no connection of leave with travel.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Rajiv,

I trust this email find you well. So I reach out to CBP and they told me that I can leave the US and re-enter on my I-551. Do you have a second opinion on this? I want to travel for 3 months on a work assignment but my greencard is taking forever to get here.

And I–551 stamp on the passport is as good as a green card.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

My i140 was approved on Dec 29th 2015 and My employer sent revocaation on Oct 24th 2016
i see the status is uscis website as "correspondence received and uscis reviewing it" till date

is my i140 approved or revoked ,can i apply for my 6th year extension with this

This question is difficult to answer. For I 140 revocations that occur before January 17, 2017, extension of H-1B is probably not possible.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hello Rajiv sir,

EMPLOYER A :
My I-140 is approved in 2012 October and have valid Visa till July 2019 with current employer A. If My Employer layoffs/terminates my employment, how many days of max grace period that I have to transfer to new employer?

EMPLOYER B :
After the termination from Employer A, Somehow I am able to find a new position with Employer B, get my H1B transfer and extended, but Employer B is not willing to sponsor for my Green card so intended to work for 1 or 2 years. I am eligible to transfer to other employer in this situation? Does this 1 year of gap from EMPLOYER B not having employer sponsor my GC (Perm or I140) be a problem?

EMPLOYER C :
Lets say after 1 or 2 years working with employer B, I got an offer from employer C and who is ready to sponsor my GC and willing to start PERM and I140, Can I use my approved I140 from employer A for H1B transfer and extension with employer C?

Thanks in advance for your time and advice. Appreciate it!

Your questions require some discussion. Please post them for the next free community conference call held every other Thursday.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Dear Mr. Khanna,

I have a I140 under EB 2 approved by my then employer on March 2016. I moved to a new job in May 2017. I spoke to USCIS and they said that I can use the same I140 to extend my H1B beyond 6 years and also I can apply for I485 when the priority date becomes current.

Please advise.
Regards

Under the current rules, that came into effect on 17 January 2017, once your I 140 is approved and stays approved for 180 days, even a subsequent revocation by the employer, does not negatively affect your right to continue to extend your H1 through any employer.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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