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  #61 (permalink)  
Old 11-24-2014, 06:13 PM
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Quote:
Originally Posted by priyank2101 View Post
Thanks a lot for starting this thread. I have some doubts about employment based EAD.

1. What is AP?
2. Do we need to be constantly employed to be in EAD status? What happens in a situation where someone gets laid off in that status?
3. Does employment based EAD allow us to start our own business?

Thanks in advance!
1. Advance Parole. Once leave your H1 status, for international Travel you need AP. If you have no plans to go out of the country, you do NOT need AP.
2. Yes. However, there are other provisions that protect your unemployment (just in case). I am not 100% sure on this. In any case, you must be employed when your case is being adjudicated. Seniors may correct, if any.
3. You can.
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  #62 (permalink)  
Old 11-24-2014, 09:29 PM
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Default Support IV

Can IV let us know if there is anything we can do as members while we wait for the EO provisions to take effect. Should we be contacting our Congressmen and senators and letting them know how important EO provisions are for us and how it will help us if they take effect sooner, etc... Will that help?

Please give us some guidance.
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  #63 (permalink)  
Old 11-24-2014, 09:39 PM
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Default

Originally Posted by Sachuin23:
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.
IV reply : Not sure of this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.
My question : Could you please advise a timeline by when DHS will answer this question?
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  #64 (permalink)  
Old 11-24-2014, 09:42 PM
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In case you have not already seen, here is the Presidential Memorandum for Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century

http://immigrationvoice.org/media/20...sa.mem.rel.pdf
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  #65 (permalink)  
Old 11-24-2014, 09:43 PM
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Quote:
Originally Posted by smunmun View Post
Originally Posted by Sachuin23:
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.
IV reply : Not sure of this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.
My question : Could you please advise a timeline by when DHS will answer this question?
Thanks for bumping this up. This is already listed at the top of the list of questions.
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  #66 (permalink)  
Old 11-24-2014, 10:31 PM
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Quote:
Originally Posted by smunmun View Post
Originally Posted by Sachuin23:
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.
IV reply : Not sure of this. Will ask DHS about this question although it is unlikely to make any change take effect retroactively.
My question : Could you please advise a timeline by when DHS will answer this question?
I think most important thing right now is to donate so that there is enough funding available to lobby for faster implementation of this
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  #67 (permalink)  
Old 11-24-2014, 10:32 PM
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Here are a few more questions we have received. We will continue to respond and share information as we are able:
  1. What the details on the expansion are for OPT and changes to L1? Folks in our community are affected by these and little details exist.
  2. How is “same or similar” being defined by the new EO? Is this implemented just based on issuing a memo or does it require rule making? What is the time-frame we are expecting for this?
  3. Porting of green card application across employers - how will it work? Rule-making or memo? Time-frame?
  4. Filing AOS process for getting EAD/AP after getting approved 140 - details and time frame.
  5. Sharing of GC paperwork with employees - any updates on this and time frame for implementation?
  6. EAD/AP for H4 dependents - expected time-frame?
  7. Can future president override our provisions?
  8. What is expected from the OPT reforms? Does it means longer OPT or EAD after OPT or what exactly will be the form and shape of this order and time-frame for being implemented? Also does it also allows people in H1 and OPT to set up their own enterprises and work for it? Another question, if OPT is for more months or EAD given (if H1 doesn't get through lottery) then can they go to their respective home country to get the visa stamped?
  9. What are the chances/potential for the President's EO changes being blocked by a Republican controlled Congress starting January 1st 2015.
  10. There is no mention of ' Adjustment of status' in DHS memo http://www.dhs.gov/.../14_1120_memo_...ss_actions.pdf
    Should we expect another memo from DHS about same?
  11. Will the AOS rule be proposed or interim? This was one of the questions asked to me.
  12. What is the distinction between H-4 getting EAD and file AOS. Aren't these arriving at the same end result? A distinction between these two provisions will be helpful. This one came up thrice today in our community
  13. Details about Auto extension of EAD/AP. When and how?
  14. Somebody who has cleared I140, if he joins a new Job in the same EB category(assuming the AOS rule is still in the making ) does he has to do labor and I-140 again with the new employer?
  15. If somebody in EB category get 485 denial but he/she has US citizen kid, what will happen to those parents?
  16. If somebody is changing job with I-140 approved already, he/she doesn't have to restart the process if he is moving in same EB category only. If he/she wants to file in EB2 in new company then does he/she needs to restart the whole process as we are doing now?
  17. What is the probability of the EO being reversed, by the House or by a next President?
  18. What does Visa Modernization means in Section 1 part (ii)? Is it referring to Visa Recapture after 120 days?
  19. What is Executive Action and what is Regulatory Action?
  20. The previous EAD-for-H4 proposal was for those in the sixth year, have 140 approved etc. Is this still true? Or is EAD-for-H4 now valid for ALL?
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  #68 (permalink)  
Old 11-25-2014, 01:34 PM
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Default H4 EAD Request/Clarification

Dear IV Team - A huge thanks for all the efforts here.

As the H4 EAD rule is being finalized, can you kindly request the administration for the ability to change from OPT EAD to H4 EAD without interruption in the work authorization.

To give you my situation - My wife is currently on an OPT EAD that will be expiring by March. She has a full time position with a well reputed organization which also filed for her H1 last year but she lost in the lottery. Said that, her only option right now is to utilize this H4 EAD as I already have an approved I140. Not knowing what OPT extensions are coming up, we could utilize this H4 EAD provision but that will not help retain her full time role unless she has the ability to convert from her current F1 EAD to H4 EAD without interruption in the work authorization. Any help towards this is really appreciated and I am sure there are many others out there in similiar situation.
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  #69 (permalink)  
Old 11-25-2014, 01:40 PM
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Whew! Lot of questions to materialize... I posted this one in this thread before. Posting it again.. (Least priority, though :-D )

"
One quick question... I know this is of least priority/interest. However, just wanted to check on it.

For people who filed 485 and been waiting for Visa numbers: Any plan on cards, or at least an intent to consider counting this time for Citizenship eligibility?
"
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  #70 (permalink)  
Old 11-25-2014, 02:57 PM
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can we get 4 or 5 year EAD/APs or atleast parity with the proposed 3 Year EAD/AP being mentioned for DACA?
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  #71 (permalink)  
Old 11-25-2014, 08:24 PM
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Default Summary of changes proposed in Executive order

Dear IV
Thank you for the consistent and dedicated effort in championing immigration reform. It is still unclear to me and many in the community what the executive order is and what changes are being brought about as a result. It would be great if you could summarize the key aspects of the employment based immigration reform that is inprocess so that there is a single point of reference for all information, rather than having multiple people ask the same questions over and over in your FAQs.

I am currently on EB2 and have an approved I140. What changes are being made for the EB category and when and how will they impact my GC process. Please inform.

Thanks
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  #72 (permalink)  
Old 12-01-2014, 02:01 PM
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Default EO impact on future employment green card

I have a question regarding future employment based green card.

I work for employer A and if employer B files my GC. What will happen after Labor and I-140 approval?

Can I apply for EAD and continue working for A?
Or I need to quit A and join B?

I am a bit confused.

Thanks!
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  #73 (permalink)  
Old 12-02-2014, 02:53 PM
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Default Timeline for implementation

I have read about the fixes but I am not sure as to when will these items such as H-4 EAD and EAD and AP for I-140 approved candidates be available for application by eligible candidates?
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  #74 (permalink)  
Old 12-04-2014, 02:49 PM
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Default Is Pappu still active ?

I am posting after a long time. Very glad to see the trees we planted in 2005 are bearing fruit in 2014.

good luck guys and keep pushing..
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  #75 (permalink)  
Old 12-04-2014, 10:25 PM
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Default EB3 candidates

Looks like EB3 applicants are not going to get any relief.

Employment-Based Immigration: Second Preference EB-2 | USCIS

vs

Employment-Based Immigration: Third Preference EB-3 | USCIS
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