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Old 11-24-2014, 01:52 PM
neodyn55 neodyn55 is offline
Priority Date
I140 Mailed Date
Processing Stage
I485 Mailed Date
Join Date: Jul 2007
Posts: 42
neodyn55 is an unknown quantity at this point

Hello Admin,

I want to pull on the EAD after I-140 thread for a bit. Is there a reason this is not retroactive? As a naive layman, it seems to me that if a non-revoked I-140 prior to 2014, can be used for H1-B 3 year extensions, infinitely (till being revoked), then using the same for an EAD under any new rule isn't out of the question.

I was curious about your "abandoned" definition a few posts earlier. Is an I-140 considered abandoned by an employee if he changes jobs without filing I-485, even if the filing employer has not revoked it? My understanding is that the I-140 is for a future job position - if the employee goes back to the employer (for the specified future position) then there's no need to go throughout the PERM process again - the employee can directly move on to I-485 (if dates are current, of course)

In summary:

Previous, unrevoked I-140 petitions can be used for:
- Infinitely extending H1B in 3 year increments
- As a basis for I-485 if the employee choses to return to the filing company

So why not as basis for getting the pre-registration EAD as well?
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