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  #706 (permalink)  
Old 05-20-2015, 08:18 PM
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Quote:
Originally Posted by Administrator2 View Post
Under new the system after the official announcement for fixes have been made, we expect 3 parallel tracks for work authorization for dependents:

1.) EAD for H4
This fix is extremely limited and it has several limitations and restrictions:

Restriction:
a.) Only applies for H-4 spouses (i.e. children with workable age not provided any relief)
b.) Applies to spouse of Approved I-140 primary applicant, or, the if the primary has H-1 beyond 6th year.
c.) Primary applicant must maintain H1 status
d.) Spouse must maintain H-4 status
e.) For traveling outside the country, one needs to get valid visa stamp from the consulate outside.
f.) In-effect, further ties down H-1 primary applicant to the same employer, because changing jobs/employer put burden on the status/work of both primary applicant and spouse.





2.) EAD and AP from approved I-140

a.) Under this system we expect primary and all dependents (including spouses and children)
VERY IMPORTANT - Don't keep repeating "EAD FOR I-140" over and over again. Otherwise unknowingly you (or others) are making it sound like AP is not important. And that is VERY big deal. Please use caution when putting labels to the fixes because they can be damaging to your cause.

b.) We expect that once the system takes effect, folks will not have to maintain H-1 status, and you (and dependents) can work on EAD card and travel on AP.

c.) Restriction: If you use EAD and AP before filing AOS (I-485), it is possible that one may have to do consular processing (instead of being able to filing Adjustment of Status). We are still trying to sort this out hoping that one can still file for AOS even after using EAD and AP for I-140.

We understand that some folks may be fine with consular processing and others may not want to do consular processing. But let's assume for now that AOS may not be allowed for those who have used EAD and AP after I-140 and the system requires you to file for consular processing, and you may prefer to go the route for filing AOS (instead of consular processing)- in that case then please look at the fix #3 below.


3.) Filing AOS when visa bulletin dates are not current

Once this fix is announced and implemented, we expect that this fix will allow primary applicant with approved I-140 and the dependents be able to file their Adjustment of Status (I-485) even when your priority dates are not current on Visa bulletin.
When someone applies for AOS (I-485), in parallel one can apply for EAD and AP (this also allies to dependents). So if one chooses this route, then one can use EAD and AP after filing AOS (I-485).

VERY IMPORTANT: Again, please DO NOT put the label of "pre-register" on this fix. Again, this label means something totally different (which is less than filing AOS) that will be damaging to the goal of this fix.


It seems you are asking, if your spouse can get EAD on H-4 then what is the purpose of EAD and AP after I-140, or, what is the purpose of filing AOS. Your question is understandable. People generally want to solve their most immediate problem. Often people think that if their next immediate problem is solved - they will have - "happily lived there after" story. The reason being, many people haven't figured out the bottlenecks in the system at every step of the way. That is why our list of fixes are not just designed to solve your next immediate problem, but also the possible problems that you will likely encounter along the way but you just don't know yet.

The goal is not just for the spouse to work. The goal is for you and your entire family to live free to do the things that you want to do. And that is why each of these fixes, plus, other fixes not listed here will together achieve that goal in some ways.

You may not have yet experienced the need for a fix beyond EAD for H-4, but in time you will. Then you will probably fully understand and experience the relevance and meaning of the other fixes. Hope this answers your questions.

Again, goes without saying, one must wait for official announcement.

Thanks for your (IV) priceless, selfless efforts for immigrants.

Please let us know what we (all members) have to do from our end to release/get the official announcement by Administration. We need EAD and AP for approved I-140 people and Filing AOS when visa bulletin dates are not current (to live free and hassle free travel to meet family members and relatives.. 12 years..... waiting longtime...............).

Thanks
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  #707 (permalink)  
Old 05-21-2015, 01:27 PM
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Default Getting I140/Labor where Employer is not sharing that

I was also in same situation where Employer did not provide me copies of Labor/I140.

I filed for Perm Copy from DOL through FOIA. They got me a CD with the information in 15 days.

I filed FOIA with USCIS for I140 copy. They got me a CD with the information in 45days.

I was able to change job because of above FOIA. So you can also.
Please let me know if you need more details.

Thanks
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  #708 (permalink)  
Old 05-21-2015, 02:18 PM
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kichoudh - thanks for sharing the info. Since my I-140 is finally approved 2 days ago, I will file for FOIA this long weekend. Screw the HR!

BTW, I was told currently FOIA may take long time 6-8 months. I hope it's not that long.
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  #709 (permalink)  
Old 05-21-2015, 04:42 PM
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Question H4-EAD court ruling AND its effect on upcoming reports for Administration

Wondering if these are connected to each other.
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  #710 (permalink)  
Old 05-21-2015, 04:44 PM
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Quote:
Originally Posted by sengs View Post
Wondering if these are connected to each other.
Edit: Reports from Adminstration
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  #711 (permalink)  
Old 05-21-2015, 06:36 PM
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Default I765 for H4-EAD e-filing option available?

e-filing option available for I-765 for H4-EAD? or just mailing
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  #712 (permalink)  
Old 05-21-2015, 10:13 PM
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waitinglongtime is on a distinguished road
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Any one what is your take on

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AC05

I140-EAd


Thanks
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1 out of 1 members found this post helpful.
  #713 (permalink)  
Old 05-22-2015, 12:01 AM
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Default 140 EAD on Job Change

Hi All,

I know it is too early at this moment. But any idea if we can file for ead based on old approved I-140? I have an approved I 140 from company A. Moved to company B. Company B filed for my PERM but unfortunately it is under audit. Is there any chance I can file EAD based on I 140 from company A under this proposed rule?
Your thoughts appreciated
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  #714 (permalink)  
Old 05-22-2015, 12:19 AM
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Default I140 and perm via FOIA

yes please use FOIA with confidence.

You will get a tracking # for this.

The DOL FOIA is the BEST. Excellent service.
For USCIS please state explicitly what you want viz. I140 so that they will put that under fast track - If its is under fast track you will get it faster.

Good Luck.
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  #715 (permalink)  
Old 05-22-2015, 03:35 AM
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Quote:
Originally Posted by waitinglongtime View Post
Any one what is your take on

http://www.reginfo.gov/public/do/eAg...&RIN=1615-AC05

I140-EAd


Thanks
Umm hmm! IV posted on the Facebook page.
Way to go!!
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  #716 (permalink)  
Old 05-22-2015, 11:10 AM
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Default timeline

Thanks IV for all your effort.
It seems even Q1 2016 timeline is not certain. 2016 is an election year and if there is again motion for a CIR then this process will be on hold(Similar to H4 EAD). And CIR will never materialize given the situation. Also factor in possible lawsuit and injunction.

So it will take at least 1 year(optimistic timeline) for people to be eligible to file AOS.

Is it all IV was expecting from Administration or more?
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  #717 (permalink)  
Old 05-22-2015, 11:19 AM
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IV admin has gone quiet after yesterday's announcement. It is always a good portent.
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  #718 (permalink)  
Old 05-22-2015, 11:58 AM
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Default H4 ead

Found this link about yesterday court hearing...

Update on Lawsuit over Work Permits for Spouses of H-1Bs | Center for Immigration Studies
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  #719 (permalink)  
Old 05-22-2015, 02:24 PM
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Default Question about the Birth Certificate

I have a birth certificate wherein details are captured both in Punjabi and English.
Do I still need a translation for the same for filing I485 as it is not just in English?

Thanks,
Sourab
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  #720 (permalink)  
Old 05-22-2015, 02:53 PM
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Is the expected report out?

Looks like that Oh law has posted more rule making items.
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