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Proposed I-140 Rule Would Provide Improve Job Flexibility


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Source - http://www.murthy.com/2015/12/30/newsflash-proposed-rule-would-provide-improve-job-flexibility-grace-periods-and-more/   NewsFlash! Proposed Rule Would Provide Improve Job Flexibility, Grace Periods, and More!

December 30, 2015

This morning, a proposed rule was published in the Federal Register that would provide a number of immigration benefits, including grace periods for certain nonimmigrant workers, improved job flexibility, and greater clarity on a number of existing immigration rules. Some of these benefits include:

  • Once an I-140 has been approved for 180 days or more, the U.S. Citizenship and Immigration Services (USCIS) would not revoke the I-140 other than in cases of fraud, misrepresentation, or a few other limited situations. While the I-140 still could not be transferred to a new employer, it could nevertheless be used for purposes of extending one's H1B status beyond the 6-year limit, even if the employer withdraws the I-140.
  • Certain nonimmigrant workers, including those in E, H1B, L-1, and TN status, would be eligible for a one-time grace period whenever employment ends. The grace period would be for up to 60 or until the existing validity period ends, whichever occurs first. This would allow such workers the opportunity to seek new employment and/or apply for a change of status.
  • Automatic renewal of an employment authorization document (EAD) for up to 180 days in certain situations based on a pending I-765 renewal application. Those who have an EAD based on a pending I-485 would potentially be eligible for this benefit. Unfortunately, this rule would not apply to certain EAD recipients, including those in H-4 status.d
  • In extremely limited circumstances, the beneficiary of an I-140, and the individual's dependent family members, may be eligible to apply for EADs. However, the eligibility requirements are quite restrictive, including the need to show "compelling circumstances" (e.g., medical emergency, employer retaliation), and recipients of this benefit would typically be required to "…forego adjusting status in the United States and instead seek an immigrant visa abroad through consular processing."

The proposed rule is approximately 180 pages in length, so Murthy Law Firm attorneys are still carefully reviewing and analyzing the content. In the near future, MurthyDotCom will post a more complete, detailed analysis of the proposal. Subscribe to the MurthyBulletin for future updates on this proposed rule and other issues related to immigration law.

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Posted

Can we change jobs with filing labor and 140 again ???

Posted

Can we change jobs with filing labor and 140 again ???

no need to file again

Posted

no need to file again

 

oh good ayithe... by when will this get into implementation

Posted

ala pass iyndha rule? or still in process ah

this just came out, original coming out on 31st DEC

Posted

oh good ayithe... by when will this get into implementation

full info rep vasthadi uncle

Posted

yea just read most part of 197 page rule, nothing new that helps most people:

 

I-140 revoke avadu but you need to file again, clear ga mention chesadu 180 days tharuvatha you can change jobs n employer cant revoke it. good thing you can take promotions n still retain the PD

 

EAD compelling reasons 99.99% cases lo work avadu, mari bathuku daridarum aithey thapithey ivamu ani clear ga mention chesadu

 

60 days grace period for h1b lay-offs, but left to discretion of officer processing the application.

 

too much, chala varuku they left everything to the discretion of USCIS on case by case basis, so if you ever use any of these extremen measures, then you have to pray to god hoping the officer processing ur application agrees with you.

 

bottom line, vallaki istum ledhu i40- ead ivadum, edo executive order ani thu thu matrum laga chesaru, iilegals ki ravatum ledhu ani baga badalo vundi administration, so mana gurunchi dont care aney alochanlo vunaru

Posted

60 days grace period for h1b lay-offs, but left to discretion of officer processing the application.

 

FT vaalak better .. client lay off chesna `we have time to search for another employer :)

Posted
  • Once an I-140 has been approved for 180 days or more, the U.S. Citizenship and Immigration Services (USCIS) would not revoke the I-140 other than in cases of fraud, misrepresentation, or a few other limited situations. While the I-140 still could not be transferred to a new employer, it could nevertheless be used for purposes of extending one's H1B status beyond the 6-year limit, even if the employer withdraws the I-140

 

140 could not be transferred to  a new employer ante H1 transfer pettukunte malli first nunchi start cheyyala process (perm + 140) ???

Posted

60 days grace period for h1b lay-offs, but left to discretion of officer processing the application.

 

FT vaalak better .. client lay off chesna `we have time to search for another employer :)

adi catch ee kada

Posted

60 days grace period for h1b lay-offs, but left to discretion of officer processing the application.

 

FT vaalak better .. client lay off chesna `we have time to search for another employer :)

neeku koncham balpuledgatumblr_o03dktPeaF1tlqk9xo5_250.gif

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