Federal regulations give a specific group of nonimmigrant workers a window to regroup after a layoff without immediately falling out of status. The rule, at 8 CFR 214.1(l)(2), covers E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classification holders, along with their dependents. It reads:
Community members and our lawyer colleagues have shared their stories. It appears:
1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.
2. The hearing dates are also being given in a few days or weeks.
3. The percentage of NTAs is relatively small.
For latest updates, watch this video with Rajiv from Dec 28, 2021.
I have reviewed the recent lawsuit settlement where the USCIS has agreed to consider H-4 holders to be eligible to continue working while their timely filed EAD extension is pending. Unfortunately, the settlement seems to state that the right to work is only co-extensive with your I-94 duration. Therefore, you do not have the right to continue working for 180 days; only till your I-94 expires. While it is better than nothing, the settlement is not everything that we would like to see.
International students can breathe a sigh of relief. The USCIS has lost another case against its attempts to assault legal immigration. A federal court has held that its attempts to create artificial, three year or ten bars from reentry by students into the USA are illegal.
Radio Show Discussing Overview of the new I-140 EAD Regulations
Discussing I-140 EAD FAQ in community conference call
US Work and Immigration Options for Foreign Professionals
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
Note: Updated all of the regulations comments on 31 December 2015. I will keep adding, as needed.