I-140 EAD -- Not good news??

[micxas]

ARM AR?

[BommaliNinnodhala]

16 hours ago, KathiRamdaas said:

pattukunte pattucheera offer istaadu policodu

drive carefully around speed limits ....no one will stop...worst case lo pattukunna cheppu i just came from india going for renewal tomorrow ani..

[bhaigan]

15 hours ago, mettastar said:

with proposed rule ..employer cant withdraw 140 after 6months.. and 60days grace period on H1 if you lose job.

Compelling situations chupisthe 1yr EAD istharanta 

please elaborate this

[Novak_Djokovic]

9 minutes ago, bhaigan said:

please elaborate this

Criteria to apply for EAD for I-140 (Requires Update)

If you read the proposed rule details in the descriptions, only certain applicants with approved I-140 qualify to apply for an EAD. Here’s what you need to apply for EAD for I140:

• Prove that you are in valid immigration status
• Approved I-140 Petition
• Should have a “compelling reason” to apply for an EAD
• Your priority date (PD) is within one year of the Visa Bulletin cutoff date to apply for EAD renewal
• Based on examples provided for “compelling reasons”, hardly anyone would qualify to apply for an EAD. Such a bummer!

 

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I-140 EAD in Compelling Circumstance

The proposed rule seeks to allow an EAD to be approved for a term of one year when the applicant (1) is in the U.S. on E-3, H-1B, H-1B1, O-1 or L-1 status, (2) is the beneficiary of an approved EB-1, EB-2 or EB-3 immigrant petition, (3) does not have a visa immediately available, and, notably, (4) can demonstrate that compelling circumstances justifying EAD approval.

Those who seek to take advantage of this provision and are able to actually obtain an approval of such EAD by showing compelling circumstances may find themselves unable to change status from within the US and may have to forego the option of filing I-485 adjustment of status from within the U.S. and may need to process their immigrant visa from the U.S. consulate. Dependents would be eligible to obtain EAD (initial and extensions) but only after the primary worker’s eligibility has been established.

Additionally, the ability to extend such EAD by showing continuing compelling circumstances will be limited only to those who have a priority date that is less than one (1) year from the current cutoff date for the applicable country and category.

What are Compelling Circumstances?

The proposed rule specifically refuses to define “compelling circumstances” and would prefer to grant discretion. However, the rule has identified four circumstances which may be considered compelling:

• Serious illness or disability – for example, requiring moving to a different area of requiring significant change in the employment circumstances.
• Employer retaliation – for example, as a result of the employee filing a complaint or similar grievance with appropriate agency.
• Substantial harm to the applicant – for example, as a result to sudden change in terms of employment and substantial difficulty in finding other employment.
• Significant disruption to the employer – for example, disruption due to inability to obtain visa petition approval due to corporate reorganization.

[mettastar]

9 minutes ago, bhaigan said:

please elaborate this

Ex: aids, stage 2 cancer, etc 

[BommaliNinnodhala]

23 minutes ago, bhaigan said:

please elaborate this

intha clear ga undi malla elaborate antav endi saami

 

What are Compelling Circumstances?

The proposed rule specifically refuses to define “compelling circumstances” and would prefer to grant discretion. However, the rule has identified four circumstances which may be considered compelling:

• Serious illness or disability – for example, requiring moving to a different area of requiring significant change in the employment circumstances.
• Employer retaliation – for example, as a result of the employee filing a complaint or similar grievance with appropriate agency.
• Substantial harm to the applicant – for example, as a result to sudden change in terms of employment and substantial difficulty in finding other employment.
• Significant disruption to the employer – for example, disruption due to inability to obtain visa petition approval due to corporate reorganization.