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Proposed Rule for EAD for I140 to be published tomorrow for comment period

Proposed Rule for EAD for I140 to be published tomorrow in Federal Register 

The unpublished proposed rule is already available and can be read it at below location, This proposed rule will be published in the federal Register tomorrow for public comments for 60 days

 

https://www.federalregister.gov/articles/2015/12/31/2015-32666/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled

https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-32666.pdf

 

Our view based on the draft :

1)No EAD or Advance parole will be given to everyone who has I140 approved. You need to show compelling circumstances which is beyond your controls and have I140 approved for a year .circumstances might include

Serious Illnesses and Disabilities.
Employer Retaliation.
Substantial Harm to the Applicant.
Significant Disruption to the Employer.
 EAD under “Compelling Circumstances” is granted only for 1 year and further restriction is based on your priority date and visa bulletin dates.

2)Your I140 once approved and more than 180 days will not be  revoked even if your employer withdraws the I140 petition (As long as the petition approval has not been revoked for fraud, material misrepresentation) and you can use your I140 to extend your H1b visa after your 6th year limit and also change employers using your previously approved I140.

Your I485 petition cannot be filed with a new employer using your old approved  I140 . The new employer has to file the Perm and I140 all over again.

THIS IS A VERY WELCOMING MOVE. 

3)H1b grace period has been extended to 60 days to find another employment  in case of layoffs.Which is very good based on current scenarios.

 

Disclaimer: This is our personal view and not an official statement. Please consult a law firm and refer official USCIS website for accurate information. Resultsocean.com is not responsible for misinterpretation of the article published here  .Please ensure you read the terms and conditions on the website and accept the same.

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