Something about the new EAD rule

[tennisluvr]

So let's say I have an approved I 140 from a previous employer. I transfer my H1B and go to a new employer. As per the new I 140 rule, my previous employer can't cancel my approved I 140 so let's say I use that to file for a 3 year H1B extension, and keep filing for the same every 3 years till my priority date becomes current. 

Then I either go back to my previous employer and ask him to file for COS or ask the new employer to file my GC from scratch and re-use the previous I 140 priority date. 

So essentially this rule is empowering H1B by almost making it equivalent to having an EAD. Correct me if I am wrong here anyone. 

[ssis89]

I don't think you can use I140 from old employer. Its only the PD which you'd be able to retain..

[usetime63]

nothing close to EAD, stamping ki every time povali

[LivingLegend]

Sounds possible to me. Experts ravali 

[aviator]

10 minutes ago, tennisluvr said:

So let's say I have an approved I 140 from a previous employer. I transfer my H1B and go to a new employer. As per the new I 140 rule, my previous employer can't cancel my approved I 140 so let's say I use that to file for a 3 year H1B extension, and keep filing for the same every 3 years till my priority date becomes current. 

Then I either go back to my previous employer and ask him to file for COS or ask the new employer to file my GC from scratch and re-use the previous I 140 priority date. 

So essentially this rule is empowering H1B by almost making it equivalent to having an EAD. Correct me if I am wrong here anyone. 

correct. you can  keep on renewing  until you 1) go back to old employer when dates are current  or 2) file 485 from old employer as future employment when dates are current or 3) file perm and 140 with new employer and port the priority date.

 

 

[Bhalla]

10 minutes ago, tennisluvr said:

So let's say I have an approved I 140 from a previous employer. I transfer my H1B and go to a new employer. As per the new I 140 rule, my previous employer can't cancel my approved I 140 so let's say I use that to file for a 3 year H1B extension, and keep filing for the same every 3 years till my priority date becomes current. 

Then I either go back to my previous employer and ask him to file for COS or ask the new employer to file my GC from scratch and re-use the previous I 140 priority date. 

So essentially this rule is empowering H1B by almost making it equivalent to having an EAD. Correct me if I am wrong here anyone. 

You are 100% correct.. That is what portability is all about.

[infoseeker786]

 My previous employer can't cancel my approved I 140  if i had stayed with my employer for more than 180 days after i140 approval?is my assumption correct?

[sanbk]

ala ayithe andaru adhe chestaru kada..

[aviator]

4 minutes ago, infoseeker786 said:

 My previous employer can't cancel my approved I 140  if i had stayed with my employer for more than 180 days after i140 approval?is my assumption correct?

even if he cancel's you can still port the date as long as the cancellation is not for fraud or other willful misrepresentation.

 

what is unclear is if this rule will apply retroactively for 140's that are already revoked or is it for 140 only from the date when this goes into effect. Peddalu clarify cheyali

[Bhalla]

1 minute ago, aviator said:

even if he cancel's you can still port the date as long as the cancellation is not for fraud or other willful misrepresentation.

 

what is unclear is if this rule will apply retroactively for 140's that are already revoked or is it for 140 only from the date when this goes into effect. Peddalu clarify cheyali

The same doubt is killing me from yesterday. I have a FT job offer and the joining date is in mid of next month. I-140 approve ayyi 1 year avtundi.. Unable to decide what to do now..

[tennisluvr]

16 minutes ago, usetime63 said:

nothing close to EAD, stamping ki every time povali

I agree I didn't mean it in that sense. I am just talking about job portability not so much Advanced Parole. 

[yankees]

22 minutes ago, tennisluvr said:

So let's say I have an approved I 140 from a previous employer. I transfer my H1B and go to a new employer. As per the new I 140 rule, my previous employer can't cancel my approved I 140 so let's say I use that to file for a 3 year H1B extension, and keep filing for the same every 3 years till my priority date becomes current. 

Then I either go back to my previous employer and ask him to file for COS or ask the new employer to file my GC from scratch and re-use the previous I 140 priority date. 

So essentially this rule is empowering H1B by almost making it equivalent to having an EAD. Correct me if I am wrong here anyone. 

how can u show u r paystub for extension if you are filing h1b extension on old i140 which is not revoked when ur working for a new employer........correct me if im wrong

[tennisluvr]

5 minutes ago, aviator said:

even if he cancel's you can still port the date as long as the cancellation is not for fraud or other willful misrepresentation.

 

what is unclear is if this rule will apply retroactively for 140's that are already revoked or is it for 140 only from the date when this goes into effect. Peddalu clarify cheyali

It's not retroactive, they stated this clearly. 

[Bhai]

[Hyper]

2 minutes ago, tennisluvr said:

It's not retroactive, they stated this clearly. 

what do u mean?