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Old 11-23-2014, 02:15 PM
Administrator2 Administrator2 is offline
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Priority Date
:
Jun-02
Category
:
EB3
I140 Mailed Date
:
08/04/2003
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
10/06/2003
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Join Date: Nov 2006
Posts: 996
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Quote:
Originally Posted by sachuin23 View Post
1. I understand from the language of H-4 EAD rule making that it would be applicable for immigrants who have been in US for more than 6 years or have their I-140 approved and waiting to file for I-485. With new provision of being able to get EAD after filing for I-140, I see that H-4 EAD is redundant. Is there something I am missing?
It has different purpose.

EAD for H-4 has been in the works since beginning of 2014. This is specifically for spouse.

EAD after I-140 is aimed at giving job mobility for primary applicant. Although spouse can also get EAD after the approval of I-140 of primary applicant. Also, after I-140, primary applicants and spouse and dependents will get AP as well.


Quote:
Originally Posted by sachuin23 View Post
2. Lot of folks have moved jobs after their I-140 has been approved. Would administration consider any previously filed and approved I-140 for purposes of giving an EAD or the one attached to current job of the applicant.
Not sure on this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.

Quote:
Originally Posted by sachuin23 View Post
3. Would this employment based EAD come with AP?
Yes, we had proposed EAD and AP after I-140. Still need to look for final language for this fix. We are told that this has been taken care, both EAD + AP, but need to see the official language.

Quote:
Originally Posted by sachuin23 View Post
4. After getting employment based EAD, is it required for a person to maintain H1B? Can a person start a start up on EAD without jeopardizing Green Card process ?
No, after getting EAD, one is not required to maintain H1 status. Yes, the GC application and status will not be affected even if you use EAD or AP after I-140. The fix will allow you to change employer using EAD after I-140 and file I-485 from another employer.

Last edited by Administrator2; 11-23-2014 at 02:20 PM.
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