Sunday, November 8, 2015

EAD for I-140 Propsed Rule

Those with approved I-140 petitions may be eligible for I-140. This rule is a part of President Obama's Executive action. 


October 2015 Visa bulletin has some big news .You can now apply for an EAD if you have a approved I-140. There will be new cut off dates ( or as we call it  Acceptance Cut off date ) . You can apply for EAD with approved I-140 based on your acceptance cut off date.

The rule should be published shortly as per the news from Ombudsman DHS. As you know there is a long waiting time for nationals from China and India ( countries from where most people come here in USA) for Green card in EB2 and EB3 category.

Below is the typical Green Card process for Employment Category:

As per the current norms you can apply for EAD ( Employment Authorization Document) while applying for I-485. But you can apply for I-485 only when your priority date is current.

Now what is Priority Date ?  

Priority Date is a date when your LCA ( Labor Certification) was filed.  According to the November 2015 bulletin the priority date for EB3 Category for India is April 1 2004.

If we do simple maths here then that's a 11 Year wait for a person who applied for his Green Card back in 2004 and now he has become eligible to file his I-485.

The new EAD for I140 rule ( proposed) is expected to change some things around. This proposed rule says that Employment based Green card should be able to apply for EAD after Stage 2 of the Green Card process. This is what is expected from this proposed rule.

Lets see the Current Green Card Processing Timeline for EAD


Expected Timeline for filing EAD for I-140

Expected-Timeline-for-filing-EAD-for I-140

Please note that this is just a proposed rule or this is what is expected to come out. EAD for I-140 rule is not published yet. We are hoping that the proposed rule should be published shortly.

I hope the above information helps. If you have something to add to it , do leave a comment below. Don't forget to like our facebook page for latest updates. Also follow us on Twitter.

You would also want to look at my article : H1b Visa prediction 2017 

Also read Best Money sending Service to India

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