ead i140 rule summary

EAD for I140 Rule – Summary – Effective Jan 17, 2017

Raghuram Sukumar Green Card 287 Comments

If EAD for I140 Rule gets implemented, it will be one of the biggest and welcome change in several years for Employment Based Legal Immigration system here in the U.S.A.

Here’s a list of stages and steps EAD for I140 rule have to go through before being implemented and effective from Jan 17, 2017.

EAD for I140 Rule Making Timeline

  1. DHS/USCIS drafts the Rule
  2. DHS/USCIS publishes the Rule to OMB for Approval  (Completed on Nov 20, 2015)
  3. OMB Reviews and Approves the Rule (Completed on Dec 22, 2015)
  4. Text of Proposed Rule is Available (Dec 30, 2015)
  5. DHS/USCIS publishes the Rule for Public Commenting (From Dec 31, 2015)
  6. Public Comment Period is Complete (Completed on Feb 29, 2016)
  7. DHS/UCIS Review the Public Comment and Prepared Final Rule (Feb to Oct 23, 2016)
  8. DHS/USCIS Submits the Final Rule to OMB for Approval (Oct 24, 2016)
  9. OMB Approves the Rule (Nov 18, 2016)
  10. DHS/USCIS published the Rule in Federal Register (Nov 18, 2016)
  11. The rule goes into Effect (Jan 17, 2017)

Summary of EAD for I-140 Rule

Here’s a quick summary of important provisions of this rule.

  1. 60-Day Grace Periods
    1. Gives Option to transfer and maintain status with New Employer, Post Employment Termination.
    2. Available Once Per Authorized Employment Period
  2. 10-Day Grace Period
    1. Employment Not Allowed
    2. Pre Validity  – Enter USA to Settle Down
    3. Post Validity – Prepare to Depart
  3. H-1B Extensions (Beyond 6 Years)
    1. Clarifies Existing Practice.
    2. Extend H-1B Status beyond 6 Years with:
    3. Approved I-140 (OR) PERM Labor Filed at least 1 year before the end of 6th year.
  4. H-1B Time Recapture
    1. H-1B Recapture of Time Outside the USA
    2. Time spent more than 24 hours outside can be recaptured
  5. H-1B Start Date (Transfer)
    1. Clarifies Existing Practice
    2. H1B Worker may begin employment at the new employer as soon as the new H-1B transfer petition is filed
  6. I-140 Priority Date Retention
    1. Retain PD even if Employer Withdraws I-140 at least 180 days after approval
    2. If I-140 is Not Approved due to Fraud or other conditions.
  7. New Job Without New PERM or I-140
    1. Clarifies AC21 Law.
    2. If I-485 is Pending for more than 180 days, applicants can use old approved I-140 and new job is the same or similar occupational classification.
  8. EAD with Approved I-140
    1. EAD with approved I-140 + Compelling Circumstances
  9. Automatic EAD Extensions
    1. Eliminates requirements for DHS to process EAD by 90 Days.
    2. Automatic EAD extension upto 180 days.
    3. Applies to Only certain EAD Types.
  10. Cap Exempt H-1B Employers
    1. Nonprofit entities that are “related to or affiliated with” institutions of higher education and/or governmental research organizations
      H1B worker with a cap-exempt employer can work at another H1B role at a cap-subject employer.

Criteria to apply for EAD for I-140

If you read the proposed rule details in the descriptions, only certain applicants with approved I-140 qualify to apply for an EAD. Here’s what you need to apply for EAD for I140:

  • Prove that you are in valid immigration status
  • Approved I-140 Petition
  • Should have a “compelling reason” to apply for an EAD

Update: Nov 17, 2016: Compelling Reasons Not Removed (and Summary)

Of all the 366 pages, one biggest changes that EB community was expecting is removal of Compelling Reasons, so folks can get Portable EAD. But, that’s not the case in the Final Rule. but, there are good provisions that should help the Immigrant Community

  • Pros:
    • Grace Period for H1B Workers when Laid Off (60 days)
    • Two 10 Days Grace Period for H1B (Entry and Exit)
    • I-140 can’t be revoked after its been approved for 6 months unless 3 conditions
    • PD can be retained (Page 67)
    • EAD with Compelling Reasons
  • Cons:
    • No Blanket EAD
    • No EAD with AP
    • EAD – 1  Year Validity
    • Lose Non-Immigrant Status upon EAD (requires Consular Processing for Status Adjustment)
  • Stay tunes for Updates

Following is the Screenshot from Page 109 of the final rule. EAD Final Rule Text – 366 Pages.

Update Oct 2016:

  • DHS submitted the Final rule to OMB for Approval. What does this mean?
  • They reviewed all the submitted comments. They responded to the comments. They could have updated the rule with major changes or minor changes.

Update June 2016:

As per USCIS Director, there’s no ETA for DHS to publish the rule. #Bummer.

Update – May 2016:

USCIS’s Rule-Making Agenda shows that Final Rule could be published by the end of May 2016 to OMB for review and approval.

We all want to know, what’s in the Final rule. What’s the likely hood of DHS making EAD application without “compelling reasons”. Let’s wait and watch.  The Rule is set to Economically Significant. So, OMB could approve the rule within 30 days of receiving the rule.

Update – Jan 12, 2015

  • Interview with Attorney Murali Bashyam on provision included in the Proposed rule


Update – Dec 30, 2015:

  • Actual Text of the Proposed Rule is now available ( 181 Pages, included below)
  • Provisions includes
    • Retention of employment-based immigrant visa petitions
    • Retention of priority dates.
    • Nonimmigrant grace periods
    • Eligibility for employment authorization in compelling circumstances
    • H-1B licensing
    • Non-Immigrant Workers to Change jobs
    • Changes to how H1B Cap is counted against numerical cap
    • Many more..
  • Wait for analysis as I read through the text and get clarity from Attorney’s

Updated Dec 22, 2015:

  • OMB Approved EAD for I-140 Rule.
  • DHS/USCIS would next publish the Rule for Public Commenting
  • We don’t have the text of the Proposed Rule Yet

Update Nov-20-3015:

  • EAD for I140 rule is now SUBMITTED for OMB approval in Nov-19-2015.
  • This is a Breaking News Update.
  • Here’s the screenshots from the Federal Register about the DHS submitting the rule for Review and Approval

ead for i140 proposed rule

Summary of the Proposed Rule:

ead for i140 proposed rule

EAD for I140 rule should be published shortly as per DHS Ombudsman. EAD for I140 was part of Visa Modernization Executive Action from President Obama.

Nationals from India and China have long-wait times for Green Card in EB2 and EB3 Employment based category.

Typical Green Card Process for Employment category based goes through 3 Majors Stages.

  1. PERM Labor certification
  2. I-140 (Immigration Petition) is the second stage of employment-based green cards process.
  3. I-485 is the third stage for filing adjustment of status.

With current regulations, EAD (Employment Authorization Document) can be applied while applying for I-485.

But, I-485 can be applied only when Priority Date is Current.

Priority Date (PD) is the date when the Labor Certification application (or I-140 with NIW) was filed.

As of November 2015 visa Bulletin, PD for EB3 India is April 1, 2004.

That means, someone who applied for Green Card back in April 2004 are eligible to file for I-485 in November 2015. That’s 11 years wait.

Which means?

EB3 Indian national have to wait 11 years to apply for EAD. EAD can be applied concurrently with I-485 application.

What’s is expected from this Proposed – EAD for I140 Rule?

Employment based green card applicants should be able to apply for EAD after Stage 2 of Green Card Process (or that’s the expectation).

Current Green Card Processing Timeline for EAD

  1. PERM Labor Certification – About 1 year ( 12 months)
  2. I-140 via Premium Processing – About 30 Days (Total – 13 months)
  3. Wait for 11 years to file I-485 and EAD ( Total – 12 years)

Expected Timeline to file EAD for I140 rule

  1. PERM Labor Certification – About 1 year ( 12 months)
  2. I-140 via Premium Processing – About 30 Days (Total – 13 months)
  3. Apply for EAD. Takes 3 months. (Total – 16 months)
  4. Wait for several years to file I-485

DHS hosted their Annual Ombudsman conference on Nov 5, 2015.

Here’s the actual conversation between Aman from Immigration Voice and USCIS during the Annual Ombudsman conference and let’s hope that qualification and criteria to qualify to get EAD for I140 is broad enough.


Here’s the Rule from Federal Register as per Spring 2015 agenda.

ead for i140 rule making


Leaked EAD for I140 Memo from USCIS

Following leaked memo provides insights into various options USCIS is looking at providing EAD.

Frequently Asked Questions

  1.  When will this EAD for I140 proposed rule come into effect?

Here’s the timeline I’m expecting for this rule based on my past rulemaking observations (H4 EAD and now STEM OPT Extension)

  • Proposed rule – Nov 2015
  • OMB Approval – Dec 2015
  • Publish for Public Comment – Jan 2016
  • Public comment ends – Feb 2016
  • Complete Review of comments – Mar 2016
  • Submit rule for OMB approval – Mar 2016
  • OMB approval – April 2016
  • Rule become effective – July 2016

2. Who will be qualified to apply for EAD with I-140

Rumor is that only certain individuals will qualify. Not everyone with approved I140 will qualify for EAD. This will be a big bummer. Let’s hope, everyone with approved I-140 can qualify to apply for EAD.

Certain Individuals = Someone with skills equivalent to National Interest waiver category in EB2.

But, you can see the reply from DHS (in the video) that we have to wait for proposed rule to see who will qualify.

I don’t have any other information at this point. Subscribe to this page for additional updates.

3. How is this different from Visa Bulletin changes?

Visa bulletin changes in October 2015 introduced Acceptance Cut Off dates that would allow applicants waiting for green card to file I-485 earlier than actual Priority Date. But,  USCIS retracted on the dates. Read more on getting EAD via I-485 with approved I-140.

4. Is this different from H4 EAD?

Yes, it is. This proposal is supposed to give EAD for applicants with pending green card.


  1. Certain immigrants…..my friend…and not all…
    What’s the classification for certain immigrants. ( who is eligible and who is not)
    There will always be an hanging sword for every step.
    Again I am done with this country…….I am done and moving to Canada/India
    Work there and come back. Can’t take it anymore after being here for 13 years.

          1. Hey Raghu, r u planning to attend the rally in dc on 16th
            I really wanted to but I have some work here, so unable to make it.
            they had used a special legislation for using unused visas previously. I think
            That shud be the push, Something which is already done before, rather
            Implementing new strategies. Which both the parties would readily agree upon.
            Huge backlog creating unnecessary jam in the system.
            Aman Kapoor did a lot of speaking to the DHS. I really wished he had pushed for
            Unused visas.

          2. Author

            I attended 3 days meeting with congress members via IV back in 2009. Good luck.

  2. The sentiment in 2009 was not even right to ask for a legislation, it was recession.
    no political leader would be even close to thinking that I am willing to take up the bill.
    At least u tried….for a change for better purpose. I think this would be right right time propose the unused visas. Revisit the same bill and get it pass again.
    I just hope something shud come out of this modernization of the immigration system.

  3. Raghu I want an advice from you and my i can’t wrap my head around this one.
    I have canadian PR and my PD Nov 2013. Everyone tells me to go to Canada, but the job situation in Canada is not the brightest, it takes months to years to get a job.
    I don’t want to be in a situation where I go to Canada and no job but I mite lose the Canadian PR if I don’t go there….so shall I stick it out here till 2018-19
    Or shall I just go to canada. I am making decent money here no complaints.
    life is exactly the way i want it here. Do you know anyone who moved to Canada from US, did they have positive experience.

    1. Author

      I have bunch of people in your exact same state and I know someone personally who moved to Canada and doing really well in Toronto area.

      But others got Canadian PR as backup option. You have to do the pros and cons of moving to Canada.

      1. Cold 2. What do you expect from moving to Canada on PR? If you plan to be an employee or employer matters. If you want to be an employee, then it doesn’t make sense to move.
      3. What about your spouse? What is the plan for kids 9if you have them).

  4. Raghu,

    Thanks for sharing the article and proposal. I see you have updated this link today with the leaked memo. I could see only the first page of the memo. Is the first page of the memo true with its information in it. Please let us know.

    And thanks again for keeping all of us updated.

  5. I went to Canada for my landing i was there for a month, its a nice place to live or to raise a family
    I dont mind taking a little pay cut or making less than what i make, if that secures my Canadian passport in couple of years, but job is a must and it should pay the bills too and not living off our savings.
    About the cold, we live in wisconsin, so i guess its about the same. We just got used to it now.
    Job is the only thing that stops me…….if there is any portability for EAD for all I-140’s then it will be good for all the people who are stuck in a logjam.

    1. Author

      If you plan to work for an employer after moving to Canada, I don’t see a reason for you to move.

      If you plan to start a company and take entrepreneur route, then it makes sense.

  6. I am in a tricky situation. Currently I am working in H1 with employer A. I have received a good offer from employer B. But they will file my GC in EB3. My current employer will do that in EB2. The problem is my wife is not getting H1 for last 2 years and she has 8 years of exp. My employer has offered me to move to L1B(stamp from Canada) so that my wife can work in L2 and file GC in EB2. Once I140 is approved they will move me back to H1 so that wife can get H4 EAD. Employer B didnt give me any timeline as to when they will file the Perm but their offered salary is good. Please suggest what should I do?

      1. Hi Raghu,

        Can you please suggest on what should be my next step. Eagerly waiting for your opinion.

  7. I am not sure if chuck grassley is going to help us from separating us from undocumented who had filed for PERM. Or he is going to ask to completely stop this measure..

  8. I am hoping something positive happens for us this month . Been in this country for 10 + years and still stuck with the damn H1B visa

  9. Of all the years i have lived here, i have never felt it but today
    i think america has become an anti immigrant country….
    The feeling i get from the red necks and some progressive Americans.
    immigrants are no more wanted in US. Nor skilled nor general labor.
    The country is not heading in right direction as it was till 2007.
    I believe in future they will restrict immigrants coming to US
    may be in very small number. They may even go further to pass a bill in congress to
    stop immigration. And the immigrants who are here legally or illegally would never
    be in peace of their immigration rules. (like we are now)
    Letting the people on OPT to work and expanding it for total 4 years
    is like use and throw policy. They just want indentured servants and once done
    they want to say you good bye.
    America is not what it used to be, socially, financially…and will never will be
    for the next 10-15 years, till things change in US.

  10. I am in this country since 2003 F1 and then H1B. Its been a mere frustration since last couple of years…. and I am sure nothing will get done in the future. My PD is Oct. 2011. Recently I got an offer (20% hike). Would it make sense to move or just stay with the current employer and get an EAD (if at all this thing would ever materialize). Please suggest.

    1. Author

      Don’t do it. Maybe in less than 2 years you should have your GC.

      What if your PERM goes to Audit?

      What if new employer delays the GC process?

      Stay put for few more years at your current job.

      20% is not a huge hike to jump ship, unless you are going to go from EB3 to EB2.

      1. Thanks Raghu for the quick response. Do you really think I will get at least EAD in 2 years. When I talked with my company lawyers they said it may take another 4-5 years to get EAD and then another couple of years to GC. That really demotivated me.

        1. Author

          EB2 – You should have GC in 2 years ( fingers crossed) EB3 – Then find a EB2 (employer/job).

          1. If the PD is Oct 2011 how will he get GC in 2 years? EB2 current is 01JUN07 as per the December visa bullettin. Are you saying it will progress 4 years in coming 2 years?

          2. Author

            Pending I-485 is about 18,000 for EB2 India till May 2010.

            On an Average India gets 15,000 EB2 per year.

            So, by end of this FY, I expect the dates to get closer to June 2010.

          3. I would love to believe this. But its too good to be true. The way dates are moving I’ll be surprised if the dates cross 2010 in the next 3-4 years. I think Raghu is overly optimistic.

  11. I have an approved 140 with my employer, but i moved my work location. My employer will start my GC process again, but it will take 13 months for my labor and 140 to get approved.if this proposed rule gets approved in 4 -5 months, can i apply ead based on my old 140 ?

  12. the memo means nothing to you and me till who is eligible is made clear
    It says certain persons on I-140 and not all…..The interpretation of the law is unclear
    god knows when this will happen. I hope this is the best news for all people on EB2 and EB3
    in a decade.

    1. Author

      At least the job portability provision looks good based on the memo. But, who can apply for eAD is not clear.

  13. Hi Ragu,,
    Iam in US since May 2014 with H1B visa and I delivered my son in US, he is 1 year old ,My son and my husband are in India,we all want to live in US together so is there any way I can use my son’s citizenship to avail Green card or any Permanent residence in US.Please suggest what options are there?.

    1. Author

      I believe your son can sponsor when he turns 18 (or 21). So, that’s not a feasible option.

  14. @ Mohanapriya, uve been in H1b for just more than a year and you want to know if u can get ure Gc soon or get US citizenship. Are you serious ? If it was that easy to get Gc or Citizenship through the child, most ppl in this forum would have had their GC by now … i myself have been waiting for 10 years now and its the case with most of the ppl here . So please understand how the law works . I wish you the best to reunite soon with your son and husband

    1. Sekar, I got your points.. My case is H1B I can stay in US only for 6 Years within that I should plan for permanent stay in US that’s my concern,already my Husband applied for H1B through consultants and he did not get select in lottery and my employer doesn’t sponsor GC Also I Am eager to know how do stay 10 years ? Which visa are you in ? I guess you have already initiated for GC.

  15. i think aman kapoor has done a good job in commenting in CIS annual conference. america have a bad image in my views and also england. He rightly showed how an indian argues. but emotions dont matter for them . i will apply for canada after my gre.

    1. Author

      Your view of what America or UK matters only for you. There’s absolutely nothing wrong in the way he spoke.

          1. I see that the same or similar job under which an I-140 beneficiary can switch employers is explained clearly but how does the person get the EAD. Will he get Parole and EAD card?

          2. Author

            I have no clue yet. I’m on vacation in Puerto Rico and haven’t caught up with the news 🙂

            I have to read into the details after I go home later this week.

      1. because i have found so many things that how the americans exploit people. how they do conspiracy in politics with other countries. and what is the effect of world bank on other countries. so many other things related to education and research of theirs.

  16. Do getting EAD means that i140 wont be revoked anymore even if we change employers?

    [ Am asking this because, H4-EAD is based on i140. And I heard that people are getting Notice of Deny for H4-EAD if husband’s i140 is revoked. So with this rule if i140 wont be revoked anymore, then H4-EAD will also won’t be revoked ..which is a great news]

    Please do clarify if you have any idea about this?

    1. Author

      That’s the plan with this new rule. I think I-140 can be ported when moving between employers based on similar or same job category. Stay tuned for more details aft we see the actual text of the proposed rule.

  17. Raghu,

    I did not see an actual copy of whats going to be changed like in a form of memo(the memo was scenarios) or bill. or a final draft. Also how are the people going to comment when there is no draft about whats in it.
    I have changed the employer after 6 months of approved I-140 and my employer has kept the I140 active. If this regulation passes so what action i would have to take to get the EAD.
    1.Do i have to go back to my employer work for 1 year and then file it?
    2. Are 6 months enough to work for petitioned employer?
    3. Is there any new duration they are going to propose to file EAD.

    thank you

    bhau cha dhakka

    1. Author

      There’s no information available. After OMB approves the rule, it will be posted for public comments.

      1. Actually I had a question.
        I on H1b visa and has applied for GC, PD jan 2013.
        My husband got his EAD after the change in rule for EAD for spouses. I have two children 14 and 15 years old. Will they be able to get EAD with this rule?
        My concern is that though my children are good in studies they will not get any scholarship or equal opportunities for their education. Though I want them to get the best education I am fearing that I won’t be able to support them for that.
        Any suggestion or guidance in this matter.

        1. Author

          I don’t think kids can get EAD, you can read the memo (and the rules) to confirm.

          1. Any suggestion about the course of action I should take so as to help my kids get good education and chance to stay here. They are in 10th grade and 9th grade and hence I will have to pay for two people at the same time, which is impossible.
            Help me.

          2. Author

            You are here in the USA by your choice. If you think you are not making enough money to pay for them, then its your responsibility as a parent to find ways to earn more money or give them better life, education. with H4 EAD when both spouses can work, I have to think you can support both kids.
            I’m not sure how I can help you here.

  18. Hi Raghu,

    my PD is dec 2011, EB2 india. what will be my chances of getting GC in 2 years..


  19. Hi Raghu,
    I have got my I140 approved in October 2015. My PD is Dec-2013. I am in L1A visa valid till June-2017. If this rule goes through and I get my EAD, can I just keep extending EAD without converting to H1 Visa.

      1. Oh ok. I know L1A cannot be extended. My doubt is: with EAD in hand, is it necessary to have a H1 or L1 visa extended/renewed.

        1. Author

          I can speak only for H1B. I don’t know how L1 regulations work.

  20. Hello Raghu,
    I have approved I-140 with my consulting company with a PD of June 2010. This is my 11th year on H1B. What are my chances of getting EAD in the near future by staying with this company? My client company is offering to take me full time now. If I have to join them, and they start GC processing in a month, how long would it delay my chance of getting EAD with the new company? Would I be better if I stay with my current company?
    Greatly Appreciate your reply!

      1. Author

        Why do you want to switch when you have EB2 and still gonna work with same company?

        How about this – Have them start your GC, you can switch after your I-140 is approved. Till then you can stay with your consultant.

        1. Hi Raghu, thank you for your reply sir. The reason I’m considering switch is because my consulting company is planning to put me in another location for some reasons with the client but I like working at the client location. My worry is if I go with the client company and they start GC how long would it delay the process altogether? I know we can’t predict exactly but suppose I am able to apply for 140 EAD in another 3 months with my priority date and I’m not with my current company at that time, it may take around an year for my new 140 with the company to be approved, I’m worried if the dates would be current after an year. Hope I’m clear in my question. Thanks in advance for your reply.

          1. Author

            I wouldn’t move now with PD in June 2010 for EB2. Stay put and be patient.

  21. Hi Raghuram,

    1. My PERM Labor was filed in June 2015. Let’s assume that this is cleared in Jan 2016 and I do my I140 via premium processing and get approval in 15 business days (Feb or Mar 2016). Then, will I be able to apply for EAD immediately and get the same by May 2016?

    2. After I get my EAD, will I be able to change employer immediately with no effect on my GC process?


  22. my spouse’s h1b is expiring june 1 2016 and had approved i140 with priority date may 20 th 2012, Do i apply h1b renewal or will he get ead by then else my daughter entering college has to apply for j1. kindly advice

      1. Hi Raghu,

        I have an approved I-140 with my prior employer. I am now with a new employer and have not started process for applying for I140 yet with the new employer. My I 140 is in EB2 Category. My question is whether I will be able to apply for EAD with old approved I 140 or does I have to be with the new current employer?


        1. Author

          We have ZERO information as of today on what, when and who’s of EAD for I-140. If you have used a valid email when comments, you will get notifications of new updates from this thread.

        2. Hi Raghu,
          I have same question as Nitin mentioned above. Pasting it again…
          “I have an approved I-140 with my prior employer. I am now with a new employer and have not started process for applying for I140 yet with the new employer. My I 140 is in EB2 Category. My question is whether I will be able to apply for EAD with old approved I 140 or does I have to be with the new current employer?”

          Any idea on this ?


          1. Author

            Based on what’s proposed, maybe 1000 people could get EAD with a compelling reasons.

    1. Author

      I wish! I think it will be atleast May 2016 ( or even later). It’s in proposal stage.

  23. Hi Raghu

    does EAD for certain approved 140 candidates will also get AP ?

    Yours answer is really appreciated

  24. Hi Raghu,

    Nice blog, and nice to see the 25 random things about you, I came to the U.S in 2001, probably around the same time as you did, and have pretty much been the same path in my career as you are.

    My PD is Jan 10, 2010 in EB2 India and like everyone, waiting for the I-140-EAD rule to come out. My “guesstimate” was May 2016 as was the same for he H4-EAD.

    Any chances of getting current for me, or the EAD-I140 to come out in 1H 2016?

    1. Author

      With the current EB2 PD movement, expect to see 6 months move per month till Mid Next year.

      Feb 2008 to Jan 2010 = 22 months

      You may get PD by mid Next year.

      If not, I-140 EAD should come through (fingers crossed).

      I know your pain.

      1. Hi Raghu,

        Thank you for the informative post.

        Our PD is September 20, 2012 and My husband has a good job offer.Kindly let me know when do you estimate my PD to be current .Is it better to switch job now?

        I understand that its all estimations but still a word from you would be very assuring.

        I would very much appreciate your reply.

        Kind regards

        1. Author

          Plese schedule a 15 minutes call ( from products menu). We can talk.

  25. Raghuram,

    My PD is Jan, 18- 2013, EB-2 India, I-140 approved.

    1) How many more years from today do you think i would have to wait
    to see the PD get current ?

    2) If I opt to switch my job and join a big firm (contrary to the small firm & contracting roles i do) am i jeopardizing the potential I-140 EAD ?

    3) Is it still worth switching job considering my PD ?

    1. Author

      1. My guess – PD will take another 5 to 6 years.
      2. Not sure what will happen with EAD for I140. It’s in rule making stage.
      3. You can switch jobs and make sure you get EB2 with new job and they should start GC ASAP.

      1. Even if a company says they will file ASAP it will take around 18 – 24 months to file your PERM. Most of the big companies follow proper recruitment period unlike small consulting companies. In that case your PD might end up veing sometime in 2017 which delays the whole process by 4 years. You need to choose if you wan a delay of 4 years

  26. Hi Raghu,

    I have an approved I-140 with my prior employer. I am now with a new employer and have not started process for applying for I140 yet with the new employer. My I 140 is in EB2 Category. My question is whether I will be able to apply for EAD with old approved I 140 or does I have to be with the new current employer?


    1. Author

      We don’t have the details. I have updated the page again with criteria.
      It’s not looking good 🙁

        1. Author

          Not special category, but having approved I-140 is not good enough, you still have to “prove you have a need to apply for EAD” and wait for dates.

    2. I guess the last bullet point applies to EAD renewal not while applying for EAD for the first time?

  27. I do have question on H4 EAD. Currently my wife is H4 EAD and her EAD expires on May 2016. I have already applied for renewal for H1 and waiting on confirmation . When i was planning to apply renewal on EAD for my wife, i do not find C-26(H4 EAD) category in uscis page. Please do let me know is it still valid to apply for H4 EAD renewal ?

  28. Raghu

    1.Could you pls interpret below point for me ?
    ‘Your priority date (PD) is within one year of the Visa Bulletin cut-off date’.

    2. Example, if one has priority date Agust 2016 , how should he interpret above point ?.

    Thanks in advance

    1. Author

      Are you following VB changes? New Filing and Acceptance cutoff dats were introducted.

      I’m assuming that “Acceptance Cut Off dates should be within 1 year of your PD”.

      Right now the date is Feb 2008. That date have to move to Aug 2015 for you to apply for EAD.


  29. Hi Raghu ,

    The last point below is applicable only for EAD renewal and not first time application as per the revised ead application form I-765. Pls check and clarify as you have listed this as one of the requirements which is misleading. If this is truly the case for applying EAD then it does not make any sense as ppl can wait for the last 1 year and get their EAD anyway having waited for over a decade in many cases.

    “Your priority date (PD) is within one year of the Visa Bulletin cut-off date”

    1. It would be a real pity if that were the case. I don’t get why they would have wasted time and money to even make this amend.

    2. Author

      I’m still waiting for more details and language of the text. I will update/clarify once I get more details. Thanks.

  30. I-140 Ead Rule Cleared In Omb :

    Does this rule allowed flexibility to change employer and still we can maintain I -140 Approved, ?

    Do we required to file PERM Labor and I -140 again ?


  31. Hi Raghu,

    Thanks for the detailed info on this new rule. I have one question.

    My PD is Oct 2009 – EB3 – India. I’m currently doing Masters online and wants to upgrade to EB2. And I’m happy with my current job but they are not ready to upgrade.

    Is it possible to file GC from another company and upon getting EAD/GC I will move to this new company and in the meantime continue working for current company.

    Thanks for your time.


    1. Author

      Companies are not just gonna start your GC and hope you will come and work for them. MS degree by default will not make you qualify for EB2.

  32. DHS got back at us, some guy called Mehta (i guess) filed a lawsuit again Jeh Johnson (DHS) for the change of the visa bulletin couple of months of months back….thinking that it was his right by filing lawsuit (which i think it was his right) to reinstate the visa bulletin (filing date) back to 2011, so that particular individual would probably benefit and many more.
    Filing lawsuit made it worse, now we are at very much odds at DHS. Now suck it it up buttercup. They got back at us, asking us to prove a component of compelling circumstances that too 5 or 10% could benefit. All in all most of us lose in this situation.

  33. It took them 2 administrations to actually define same and similar on job portability, guess how many administrations it will take to define compelling circumstances.

  34. TO me this looks like a bad news

    1. Few months back there was an announcement for new EAD cutoff dates(visa bulletin changes) and those were taken back to 2009 after initially published that candidates with PD with up to 2011 can apply .

    what this EAD for IApproved 140 compelling reason means ?It looks like #1 above will not move much saying “There is a EAD for approved I140 with complling readon ” and EAD for Approved I140 compelling reason will be not given to everyone unless you have a compelling reason!! so it’s like a Deadlock ???

  35. Hi Raghu

    how is this rule different from new acceptance cutoff dates being released with visa bulletin ?

    I could not figure out the difference


  36. whats the difference between this rule and acceptance cutoff dates for EAD being released as part of visa bulletin

    1. Author

      I will post update later today. We need more details on compelling reasons.

  37. What is the status for H1 – EAD , does this based on EB-2 and EB-3 stages.

    where to track if this rules applied. Does this EAD for both H1 and H4 if H4 already holds H4 EAD?

    Do we travel on new EAD if H1 EAD rules published.
    I am waiting for EB-3 EAD since last 7years of my PD and my consulting firm sucks my blood and dollars. My kids can’t study well in school because contract jobs moving me different states each year.
    please explain.

  38. how this rule will benefit to us, if they are still asking us to wait for our priority date within one year.

    If I waited for 10 years then there is no difference waiting for another one year.

    Any comments?

  39. Hi Raghu,

    Seems like they did very little for approved I-140. This long released document does not about EAD for approved I-140 holders.

    They gv EAD under some compelling circumstances as mentioned below in the doc
    # serious illness or disability
    # employer retaliation
    # other substantial harm, also not defined but an example is an employer going out of business
    # significant disruption to employer, such as when a company loses its cap-exempt status by becoming for profit and the employee is on a cap-exempt H-1B or a company losing its international affiliate that qualified someone for an L-1.

    Only good thing is:
    # 60 days grace period to find new Employer
    # Previous employer can’t revoke I 140 after 180 days. ANd we can file H1B extension on the basis of I-140 from previous employer [ but still need to file Labor/Perm again with new employer]

    Please correct me if im wrong 🙁

    1. From what i read so far , you are right
      Basically its not useful for many of us
      only hope is new Acceptance cutoff dates being released in visa bulletin move fast , if not its same old story !
      Does anyone have information on when new Acceptance cutoff dates move and how fast?

      1. I knew it , I 140 EAD is too good to be true.
        What is the point of not able to revoke I 140, but still have to go through process of Labor/Perm again? Its only helpful to extend H4 EAD based on previous employers’ I 140 ? correct me if I am wrong

        Is there any possibility of change, like advancing of Acceptance dates?

      2. Hello Raghuram,
        I have a question and I hope you’d be able to answer it for me. I’m working using my F1- OPT right now. I’ve initiated change of status to H4 and H4-EAD application concurrently along with my husband’s H1B amendment. It has been 2 months since the applications were received and right now I’m in a bit of a rush to get the EAD as soon as possible. Would it help if we upgraded the concurrent filing to premium processing?

        1. Author

          Please follow the comment policy and this is not the thread for H4 EAD.

    2. Hi Raghu

      I have my approved I-140 on May 6 2015 In October I have changed to new Employer at the same time on Oct 27 2015 My old Employer Filled Withdrawal of I-140 to USCIS but USCIS withdraw on Dec14 2015.

      so my I-140 is withdraw in less then 180 days of Approval some people are saying in Proposed rule if My I-140 is filled withdrawal less then 180 days of approval I’ll not able to retain the Priority date,

      Is it true can you please confirm it?

    3. This a great forum i must say. Good job people , god bless you guys.
      But again this law seems just another joke for skilled immigrants. it’s EAD after I-111444000 not after i-140.

      Lage raho bhaio..

  40. I dont think this rule is going to help; they want all to remain on H1B; even they are not ready to give EAD to H-4 Kids older than 18years. I can to US when my daughter was in 1st grade and not she goes to college still on H4 visa and i am paying international student fees no scholorships; 140 EAD rule is to make money for USCIS

    1. You are right Sk. This rule making process has been an absolute wash and a waste of time and money on something that does not help the affected people at all.

      Sent from Yahoo Mail for iPhone

  41. If I change the JOB, Do I need to File Labor again under this 140 Portability approved Rules?

      1. Raghuram , please correcting the subject line of this article , its mis-leading from its real contents , there is no real generic EAD for I140. Please correct your article heading.

        1. Author

          Just because there’s no generic EAD means, I don’t have to change the title. You probably found this article searching for EAD for I140 or something similar. I can have the title based on what keywords brings traffic to the page.

        2. Agree with Soumai that its misleading. Sadly, the author is just concerned on ‘Blog Publicity’.

        1. Author

          I had another person goign through the same. You can talk to Attorney Murali. He was saying you maybe be able to file another application and convert to self-filed.

  42. After changing the job, if my previous employer revokes my approved I-140 before 180 days, will my PD reset to new Labor date?

  43. What about Advance Paraole. Can we also apply for EAD as well AP without applying for I-485, how it will work ?

  44. Raghuram Sukumar,
    Can you add the link to the public commenting in this page?

    Also give some bullet points on what people should be asking while commenting, that will say lot of time for people.


    1. Sudha,
      Raghu has already provide the link and sample comment template in this blog only. Look for below text in the blog…

      How and Where to Write Your Comment

      Go here to write your comments about this Rule [http://www.regulations.gov/#!documentDetail;D=USCIS-2015-0008-0001]

      Make sure your comments add value and what changes do you like to see in the Rule.

      Here’s link to a Comment Template that’s well written (Slideshare) [http://www.slideshare.net/happyschools/i140-ead-ap-public-comments-sample-comments-template]

      Please don’t copy paster it “as-is”.

      Take time to read and understand the contents

      Then customize the comment with your story.

  45. Hi Raghu,
    Do you know when these rule will be in effect? Also I heard your video and have another question, you said the pd will be locked , what does that mean?

    1. Author

      Rule Effective Date – No one can predict 🙂 PD Locked – PD can be maintained when changing employer.

      1. Hi Raghu,

        I have below question regarding changing employer with approved I140,

        – I am on H1B for past 5.5 years and have my I140 approved with current employer.
        – I140 got approved 09/02/2015.
        – My priority date is 12/05/2014
        – Current H1B valid till 08/15/2017 (1.5 years more)

        1. I got a great full time opportunity now, is that wise decision to switch employer at this time?
        2. If yes, will my PD will be retained?
        3. What will happen if my employer revoke my I140?

        Note: I will move to new company only after H1B is approved, if that is the case.


  46. Seriously, If they issue EADs to everyone who has approved I-140, it will be such a blessing. My employer is literally exploiting me, financially and Mentally!
    Such a stressful situation for me! you guys can’t even believe it. My employer is keeping more than 60% of my salary and paying me bare minimum. If I work overtime and get paid 1.5times by the client, he keeps everything and pays me bare monthly salary. No health insurance. There is no way to question him. He outrightly says states that they got regular hourly pay. There is not a single day that i don’t cry! Work stress, family burden and top of this my employers exploitation!! such a hell. I am taking all this pain just because he holds my approved I140 and I don’t want to change employer and go through labor and I140 process all over again, I can’t afford to lose my priority date. I just have no choice but go through this stress god knows how many years until my PD becomes current!

    1. If you are highly skilled techie , you should not care about your employer if he is not good.
      You can change your employer and still retain priority date .If you can’t change employer for some other reasons then it’s different matter

    2. You can always quit your current employer and port your PD from your current I140.

  47. Mr Raghu, what is this in your introduction:

    “If EAD for I140 Rule gets implemented, it will be one of the biggest and welcome change in several years for Employment Based Legal Immigration system here in the U.S.A.”

    Earlier you commented that the proposed rule is a big failure/disaster or good for nothing in proposed form (some similar statement and this is truth) but now you have deleted those lines, how come? The rule is very bad for I-140 EAD, everyone knows it, but you seems to have changed your opinion?

    1. Author

      Thanks for paying close attention. I haven’t deleted any comments, looks at the pages to see my previous comments. Plus, look at the timeline of when was that posted.

      Biggest Rule – Believe it or not, this is the only proposal that could bring some change with legal immigration after H4 EAD. Everyone expected blanket EAD for I-140 with AP, but that didn’t happen. Please post your comment in the rule to make it happen.

      1. blockquote, div.yahoo_quoted { margin-left: 0 !important; border-left:1px #715FFA solid !important; padding-left:1ex !important; background-color:white !important; } Very good point. To all who are reading this please go to the site below and give your feedback and proposals to DHS. This is the only way we can let DHS know about the shortcomings of this rule.
        http://www.regulations.gov/#!documentDetail;D=USCIS-2015-0008-0001 Kindly requesting everyone to comment pointing out drawbacks and making proposals

        Sent from Yahoo Mail for iPhone

      2. Hi Raghu ,

        Once the comment period is over on Feb 29th , any idea how long it will take until we see the final rule ? Just trying to understand , If it is sensible to wait to move to another company until we see the final rule and gets implemented.

        1. Author

          ​Don’t bank on this rule. It can take 6 months or longer or never see the light of the day. ​

          1. Thanks Raghu . One more question , how about the rule on I140 irrevocability ? . I believe there was some language on this in the proposed draft rule . Would that be implemented , you think ?

            If , i leave my current employer , they have a policy of revoking the I140 within 2 months of termination .

          2. Author

            Don’t belive what’s the in a proposed Rule. Make decisions based on current law.

      3. Hi Ragu,
        Most of the people does not even know that there is option to raise voice.

        Do you mind asking your visitor to go and submit comment in your page itself on the top rather than mentioning in the comment?

        Number of comment submitted till data were only 9000+ and most of them are irrelevant.
        I would expect to see at-least 50000+ comments, that would really help rule maker to consider the changes.

        I strongly believe you can help toward that goal.


    1. Author

      What comments? Comments period is all over. Refer to the timeline I have in this page for next set of steps.

      1. Raghu , u may have midtaken. The comment period is not over until feb 29th , 2016 on the draft rule for i140 ead . After thr comment period is over, they will start drafting the final rule . If you are dtill not sure , go to regulations.gov

          1. Author

            I have added a section in this blog post and link to a comment template that anyone can use. Please don’t copy paste the content. Instead customize with your story. But, being a 12 page document, most of them are going to copy paste it. Even that’s better than not writing comments at all.

  48. <<>
    This is not true. In fact, its one of the biggest disappointment which has happened by DHS tanking a U-turn with what was promised in Obama Exeuctive Action.
    DAPA/DACA(illegals) getting EAD under INA code 274A(h)(3) by DHS. Then why not approved I140 skilled immigrants?
    I believe you should atleast state that it does not help anyone stuck in GC backlog (the true picture) and only helps immigration lawyer and employers crunching more money and exploitation of employees

    Based on examples provided for “compelling reasons”, hardly anyone would qualify to apply for EAD. Such a bummer!

    With compelling cirumstances and only able to apply when PD is within one year, it hardly helps anyone

    I really hope your post reflect on it since it comes on top when searching for “I140 EAD”

    1. Author

      Refer to the comment template I have shared. It reflects what this rule.
      Plus watch the video interviews ( I have done 2 interviews) with attorney’s.

  49. Commented. Here is my comment:

    Comment: Hello Sir,

    First of all thank you so much for providing the platform on which we can express our views via comment. I will start with giving my introduction: I am of Indian nationality and came to United States in 2010 with my wife for my studies in getting Masters Degree. Since then I am working here on OPT and then on H1B visa. My company is in process of getting I-140. I consider United States as Top nation in the world in providing elite education , excellent work environment and setting perfect example of corporate leadership to the whole world.

    Current long wait time after approved I-140 harms not only employees but also employers. Providing immediate EAD to the approved I140 will help employers to find the best talent since they will have good pool of candidates to select from and employees will have opportunity to leverage their talent for their growth. Whole nation gains from the empowered employees and great employers. Providing immediate EAD will empower both the talent as well as the corporate industry of USA. Other benefits of providing immediate EAD on approved I-140 will include the greater personal life balance by having better flexibility to work in the same city if spouse is working in different city. Providing EAD to all the approved I140 will keep the diversity in place and at the same time it will fulfill the dreams of many talent here and corporate world. Bottom line is providing immediate EAD will not break anything rather it will make everyone happy. United States is number 1 nation and deserve to be number one because of its existing way of leadership and capacity of retaining the talent.

    With the due respect on the behalf of all the deserving approved I140 holders, I request please approve the rule to provide EAD to all the approved I140 holder.

    Believer of empowering employers & employees

  50. This is welcome change in immigration system. This helps employer in finding right talent fast and employee for using their talent where it is actually required. I know so many places talented people doing the work of non skilled or semi skilled people.

  51. what now? after Commenting period over Feb 29 2016? any changes? Eagerly waiting for this rules to implement.

    1. Author

      I doubt there will be any change based on comments submitted.

    1. Author

      I have updated the timeline in this blog post. Close to 28,000 comments. It took like 3 months to review H4 EAD comments (about 10,000).

      1. Hi Raghu,
        is this 28000 comments only are more enough? I thought many people waiting for this rules (H1B + spouses as well) specially Indians. I was assumed 100K comments. lets see how strong decision in our favor. I am waiting for EAD and GC badly, I have nice contract job but middle consultancy companies share most of dollars, they always give us left over dollars.

        1. Author

          Comment period is now over. Let’s wait for updated rule.

    1. Author

      I’m thinking about 3 to 6 months before we can see a final rule. But, looking at the comments, we have to hope that rule includes some changes to get job portability.

  52. Hello Raghu Sir,
    Could you please advise how to file H-4 Extension.
    My attorney is applying for H1-B extension only as my employer is not willing to cover the cost for H-4 Extension. So, I have decided to file on my own.

    It would be great if you can provide step by step instructions.


    1. Author

      You can request Attorney Murali to file your H4 Extension. Check under Services Menu.

  53. Is there any possibility that everybody can apply EAD if i140 is approved?

  54. Dear Raghuram,

    I am Gulam Taha Siddiqui (Btech CSE),working as Oracle Developer in Saudi Arabia and i have been following your blog since one month as i am planning for student visa .
    your blog is really helpful and cleared many of my doughts which never got cleared untill now your blog did it and i would like to Thank you for that.The experiences shared by students are really intresting and good lessons to learn from them .

  55. How soon people are eligible to file i140EAD?

    If I change the JOB today am I eligible to get the benefit of this rule?

    1. All they want is keep frustrating forever and pay them taxes.

  56. Mr. Raghu…
    Any news on I140 Rule making !!!

    Slogan to be changed.

    “Lets make USA Immigration great again “

    1. Author

      I’m not expecting any update till June. If there’s any, I will post it here.

      1. if i change jobs in the same company, say from QA i am moving to consulting, will i have to do new PERM and I140( location of job will remain the same) , some part of the job duties will remain similar, most part will change. i Have my 140 approved in Oct 2015.

        1. Author

          Based on what you said, company may have to file new PERM/I-140. But, I’m not an expert to be sure and I don’t know much about your situation. Check with an attorney before making this move.

  57. Is there any possibility that USCIS still remove the pre-condition so everyone with I140 approved can file for EAD?

  58. Ragu,
    I saw in one of your interview with lawyer.

    is it true that, Under the new rule – the approved 140 can’t be revoked?
    I also see that the employee has to work for at-least 6 months before it can’t be revoked.

    please confirm


  59. I have I-140 approved(H1 visa) and my wife is on EAD (thru dependent I140 rule); currently working . If I change my job right now, will this effect the EAD status of my wife till the time my new company files my labor and 140 again?
    FYI- I got my I-140 approved over 6 months back.

  60. No ETA on this rule. What a bummer ,zzzzz.

    Well no ETA on gun control law so how can we (out-siders) expect they will focus on us.

      1. Sir,

        What do you mean by “rule is dead” ? Can DHS just throw away rule just like that ? Or did you just mean there is no traction for now …

  61. Gear Up H1-B,L1,F1 & EAD Holders
    Please spend 2 minutes of your time to help Yourself!

    Skilled Immigrants of America has opened a petition to white house to provide update on I140 based EAD and Recapture 500K wasted Green cards

    1) How can you help yourself?
    We need 100k signs by end of Aug 10, 2016. This is time sensitive!

    A. We need your support by you and asking family members, friends to sign the petition. By going to below link and enter name and email details and then click the confirm link in the email.


    B. Share above URL in your Facebook timeline and tag all your friends to sign the petition and ask them to do the same in their facebook timeline.

    C. Copy the petition link, paste in your time line. At bottom of your screen click Tag friends/people and select the friends and click Post.

    2) What happens after 100k signs are reached?
    We will get an official update from white house on I140 EAD and recapture of 500k wasted green cards which will change your life in USA !!

    3) How you will benefit?
    A. Recapture of 500k Green cards will fetch you green cards within 1 year instead of 20 to 50 years wait time.

    B. Using I140 EAD, you can change any employer without H1B visa, not have to be dependent on employer.
    Join skilled immigrants of America Face book group. We have 100k members! Go to this link http://tinyurl.com/FBSK2016 and click join Group.

  62. presently living now here in Northern Mariana Island Saipan USA. legally staying for 12 + years with 5 years on EAD status with parole. Are we eligible to apply for the I140 here? Appreciate any concern and attention.

  63. Seeing how USCIS has been consistently unfair to the hardworking legal immigrant community, I would urge every legal non-immigrant to either LEAVE the U.S. or fight the unfair laws vigorously. In my opinion, it is better to be back in our own home country with family and friends than being LEGALLY ENSLAVED in the U.S. Even if we make less money in our home country, but we do not have to deal with all these discriminatory, flawed and outdated laws. It is also important to note that U.S. has a history of slavery. They want to continue the same tradition. In the past, it was legal to have slaves and now it is also legal to have slaves. Nothing has changed. We all know that the immigration laws are favorable to the U.S. employers and USCIS. For example, the recent change to increase the H-1B fee and a new amended fee (when consultant changes client site) show how USCIS is systematically targeting the H-1B community. In other words, the USCIS do not care or understand about how hard it is to deal with biased laws. We need to take a strong action and send a message that we do not want to be your slave anymore. We can fight the battle by protesting, filing lawsuits, forming unions, to demand fair and just laws. I personally do not think, we are doing enough to abolish legal slavery. As I mentioned, we can leave the country and simply done with all U.S chaos. It is not same as running away from problems. However, it is to avoid being treated as slaves and to have better lives. I bet we can do much better in our own countries and still be able to live better lives. I hope we can all do best for what we want in the end.

    1. With these stupid immigration rules US is also losing money, because when government doesn’t guarantee your future whether you will get a green card or not…Immigrants will be skeptical to invest money in US business, buy a house or spend money that will help US economy. That is one of the reasons most of the money earned specially by Indian and Chinese immigrants goes back to their home countries.

  64. You can update the page now. The Final rule have been submitted to OMB as of yesterday

  65. I am currently working on my 17 months OPT extension and i haven’t got my H1b visa yet (not picked up in lottery for the past two years)

    Meanwhile my company has filed my PERM and i got it approved. I am trying to determine whether to file I-140 or not.

    Will my OPT/Cap gap for next year get revoked once my I-140 gets approved ? can i benefit from the I-140 EAD rule if i don’t have H1 ?

    1. Once your !40 is approved Your STEM-OPT will not be extended. It will be rejected- consulted with couple of lawyers

  66. Dear Raghu

    If this rule is approved what is the point of having a filing date chart on the visa bulletin. Aren`t 140 EAD and having a filing date chart are a part of the executive order ? If they issue EAD to 140 holders it gives them only job portability , what about having the actual GC . Frankly speaking people until 2010 May have EAD/AP cards except for few who missed it and may be some porters. Will this backlog be ever cleared?

    1. Hi Raghu,

      If rule is passed then, only if my PD within one year of the Visa Bulletin cutoff date I can apply for EAD ?

      or anyone with I140 approved after 6 years of H1B .. I am totally confused.

      Please clarify.

  67. Hello Raghu,
    Any idea what is now going to happen to this rule now ? Will it come out or USCIS will not move forward with it until Trump Govt takes charges?

      1. Thanks Raghu. I watched your video. It was submitted on Oct/24/2016. Hopefully it will be publish by Nov/25/2016.

      2. Hi Raghu,
        Republicans just requested GOP leaders not to formulate any regulations until Trump administration takes over in January 2017. Will this affect this rule?

        1. Author

          Rule making and Regulations via Bill are on different tracks. OMB is under White House. They are reviewing to approve the I-140 rule. Unless EAD for is included in this rule, it has less value.

  68. 1/15/2016: DT Regulatory Reform, Potentially Affecting Rule-Making Plans

    Regulatory reform is cornerstone of the Trump Administration, and the DT regulary reform effort will include a temporary moratorium on all new regulation, canceling overarching executive orders and a thorough review to identify and eliminate unnecessary regulations.

    OH LAW website.

    This means all H4 EAD will be put on hold from 20th January.
    I believe before the H1B opens up on April fools day, the Trump admin
    will make changes which will go in effect starting next October.
    They might reform the immigration for H1B workers as early as before April 2017
    Or else they will wait for another year that is for April 2018 (to reform it).

    There is a bill going in congress in 2017 for sure or early 2018.

    I rather have a president who does stuff and not sit for 8 years and do jack, whatever the outcome, so we can make a decision. What a waste of 8 years for Obama. The new guy is not even charging any money for his presidency, just $4 for 4 years.

    1. Author

      New Guys is worth Billions $400,000 per year salary is nothing for him!

      1. I think even the OPT extension might be under scanner since they are talking about regulations.
        We have to see in the last week of January.

    2. Dude, OH law website is anti-immigrant so don’t blindly trust everything they mention. H4 EAD was not an executive Order as it went through a formal rule making process for 3 years. So even if DT wants to remove it it wont be overnight. Yes if this was DACA or DAPA he surely can revoke them overnight because obama passed these executive orders (DAPA and DACA) overnight without any rule making process

  69. 1/15/2016: DT Regulatory Reform, Potentially Affecting Rule-Making Plans

    Regulatory reform is cornerstone of the Trump Administration, and the DT regulary reform effort will include a temporary moratorium on all new regulation, canceling overarching executive orders and a thorough review to identify and eliminate unnecessary regulations.

    OH LAW website.

    This means all H4 EAD will be put on hold from 20th January.
    I believe before the H1B opens up on April fools day, the Trump admin
    will make changes which will go in effect starting next October.
    They might reform the immigration for H1B workers as early as before April 2017
    Or else they will wait for another year that is for April 2018 (to reform it).

    There is a bill going in congress in 2017 for sure or early 2018.

  70. If i change job before this rule goes into effect(60 days from now). Should my employer able to withdraw my i140?

  71. Raghu, You missed something, under compelling circumstances, they have included applicants you have approved 140 under NIW, so applicants who have approved 140 under EB2 NIW are eligible for EAD

    1. The new legislation is useless to many and not going to help due to compelling reasons. The bottom line is that USCIS wants employers to keep exploiting workers by endorsing laws that encourage modern-day slavery. I highly condemn such “compelling reasons” clause. People, let’s make our lives easier and move out of this country that does not take steps to reduce unfairness but promotes it.

  72. This is really disappointing, it is called taking it for granted,
    stuck with one employer for your life.

  73. Hello Raghu and Others,
    I’m working as a contractor for ‘X’ client thru ‘Y’ employer.My I140 was approved 8 months ago and recently I got a full time opportunity and said to initiate my H1 transfer after Jan 20,2017 because of this new rule.And also my wife is working on H4 EAD,here is my question:

    Is she eligible for H4 EAD extensions(my I140 doesn’t gets revoked according to new rule) once I move to my full time job?

    1. Author

      Rule comes into effect only on Jan 17, 2017. H4 EAD would be valid as long as I-140 is not revoked.

  74. Hi Raghu,
    With an approved I-140-NIW for 0ver 180 days, would it possible to apply for EAD based on this rule?


    1. Author

      Looks like you can apply. But, new employer should sponsor your GC in NIW for you to be able to extend EAD after 1 year. Plus, you will lose your H1B status.

      1. Thanks for your thoughts. Since I have an approved I140-NIW (self petition), why the employer sponsored GC-NIW needed again? What would be the impact of loosing H1B status with NIW-I-140 approved?

  75. I was laid-off on Nov-11 and will get severance pay for some more days, my pay-check will clearly mention it as severance pay. I know I am out of status since Nov-11. I am trying to find a job so the question is if it takes me a couple of months and if USCIS requires the latest pay-check, can I use the 60-day grace period retroactively or can it be used only if the layoff was done after Jan-17, 2017, when the rule goes into effect.

    I will appreciate if someone knows about this.

    1. Author

      I think grace period doesn’t apply retroactively. What kind of job are you looking for?

    2. I was in same situation last year. USCIS did accept the date of my last severance pay as valid but still my new H1B was filed after 3 months and which clearly showed a larger gap than covered by severance pay date. This was before 60 day grace period. USCIS did approve my new H1B transfer but denied change of status. I had to fly back to indian consulate and then come back again. No technical issues other than mountain of stress and anxiety. It worked out well at last. If you don’t get new offer within a month, I would suggest move to H4 (if spouse works). You won’t loose your original h1b validity (technically yes but the validity stays but the myth is that you loose your h1b which is not true) and the moment you get a new job offer you can change back to new h1b (cap exempt) from h4. Atleast you wont be out of status.

  76. Hi Raghu,

    I am research scientist and have an approved I-140 in NIW which was approved in August 2015. It is not applied by my employer, its a self petition through attorney. So, now can I apply for EAD ? And what compelling reasons should I provide for that? Could you please help me understand this ?


  77. Looks like you can apply. But, new employer should sponsor your GC in NIW for you to be able to extend EAD after 1 year. Plus, you will lose your H1B status.

    Hi Raghu,
    Thanks for your comments.
    My NIW petition was a self petition that didn’t require LCA. Why do I need the GC sponsorship as I already have an approved NIW I-140 when I extend EAD after 1 year. What would be the possible impact of loosing H1B status? I am trying to move from cap-exempt h-1b to cab-subject h-1B, am I eligible to apply for EAD?

    1. Author

      I think you have interesting, favorable scenario. After you get EAD with NIW, you have 1 year of EAD. What would you do after 1 year to extend EAD? Since you have self-petition, you would be fine (i guess) to continue to extend EAD. But, I know few who have I-140 NIW with Employer as sponsor. They would be stuck, because underlying I-140 would be gone wioth the employer. Or they could do a Seld-Sponsores NIW. You may have to consult an attorney to understand the intricaies of rules. I can ask Murali when I interview hime.

  78. Hi Raghu,

    Thanks for the great service to this community. Its been very helpful through these years by keeping us updated and also answering so many individual cases here.

    Appreciate if you could clarify.

    I have an approved I140 for the last 4 years from the current employer. Now, I have an offer from a new employer, I was planning to quit my current employer and join new employer in Jan first week.

    Now that new rule is coming, I am in dilemma situation as when to quit my current employer.

    As I first understood that if one has an approved 140 ( more than 180 days) as of Jan 18, 2017 – then he/she can benefit this rule.

    But when i was going through many sites, it is getting confused whether it is 180 days from the rule taking Jan 18, 2017 – that is somewhere in July 2017

    So question here is – If my current employer withdrawn my 140 on or after 18th Jan 2017 and before 30th Jan 2017 – am I going to benefit the new 140 rule where I can get unlimited extension till priority date becomes current?

    1. Author

      Rule comes into effect from Jan 17, 2017. If you have I1-40 approved for 6+ months, then unless there’s error and other conditions employer can’t revoke it. But, there is also provision to retain PD. I think you should talk to an attorney to sort out your situation and how thos rule impacts you.

      #again – Don’t make life changign decision based on what you read in the blog or forums. Pay the fees and consult an attorney. 366 page rule and we are not pros to decide that 🙂

  79. Raghu,

    If I switch the job after Jan 17th, Do I need to start the Green card process from the scratch or can we continue from the remaining stages?. I have approved I140 with PD Nov 2012.

  80. Hi,
    May I eligible for EAD?
    EB-3 approved I-140 in March 2013.
    Current H1B is 10 years+ (done 3+3+3+3 now ongoing).

  81. Hi Raghu,

    How long do you think it would to get EAD after applying on after Jan 17th, 2017. Once i have the EAD, I am not required to apply for H1b cap-sub on April 1st. correct ?

    Thank you

  82. Hi Raghu, I have been following you posts from a long time. Thank you very much for sharing all the useful information.

    My husband has his i-140 approved with Company A and his PD is July 2012. He is in 5th year of H1B. And he has a job offer with Company B which probably if he accepts his joining date will be sometime in end of January 2017.But the company B might start his GC process may be a year later. What are the chances that the dates will be current? Do you think it is a risky thing to not have GC started immediately. If I assume with this new rule if the Company A doesn’t revoke his i-140 and if the Company B doesn’t file his Labor what will be his situation if the dates get current? Please help me with this situation. Thank you very much.

    1. Author

      Chances of PD to become current for July 2012 is pretty slim based on recent movements of VB. But, there’s always that risk when it comes to PERM. I would move if they are starting GC within 3 months and EB2.

  83. So much frustrations and disappointments after all these wait.

    tax payer since 2008 and before that paid fees to university. Wish i had invested these much energy & money somewhere in our own country, bad luck….

  84. I think people should start looking for plan B.
    Its not getting any easier for anyone.
    There are some ROW people here too and for them its not easy as well.
    Jumping on the other side is not easy as well, but people have to
    make that decision, as to whats the best option.
    I think the people who have PD 2012 and up, should start looking for
    other options.
    Its a wait and watch game with Trump admin.

    1. The wait and watch is not a solution anymore. People have been waiting since Bush administration. The U.S. wants to keep educated and slave population using biased H-1B laws. It is time for an action. People with H-1B should start moving out or see other options. I would suggest demand significantly highly amount of salary with options before you join a private company. Americans are lazy and do not want to work for low salaries. They also leave without hesitation. It is not the case with H-1B and that is why Employer take full advantage of the system. Only we can slap their faces back by taking an action.

    2. The U.S. continues to create/amend laws that keep highly skilled workers as slaves by their employer. Why they can’t simply give EAD to every H-1B candidate? People who are on H-1B should consider moving out from this stupid and racist country. Actually, they don’t deserve the highly skilled people. If you have been here for a while, consider the cost of living away from family and friends? It is not worth staying for simply the right to work without restrictions. I don’t blame people who hate America.

  85. Now that they have finalized 140 based EAD, it looks like it does more harm than good !! if you get EAD through 140 based one, you can’t do 485-need to do consular processing of GC, your eligibility for further EAD renewal may be gone if our EB2 priority date retrogresses more than a year as per final action date, plus spouse don’t automatic renewal. The “Compelling circumstances” claw makes it real deal breaker.

    My EAD/AP/485 has been filed based on “ACCEPTANCE CUTOFF-Dates for filing” . I am not sure if this is to worry or this EAD is like the actual green card EAD or…if this is the same horrible EAD like the 140 based EAD.

    H4 EAD, 140 based EAD, actual GC based EAD…wow !!
    Please share your opinion.Thanks.

  86. Hi Raghu,

    After the new rule come in effect on 01/17/2017, Using an existing approved I-140 for more than 180 days, can a H-1B be renewed any number of times, with new/multiple different employers, even without restarting any paperwork for GC with the new employer?

    1. Author

      I guess so. With valid I-140 you can get an H1B extension for 3 years. That applies even when you are transferring to the new employer right?

  87. Hi Raghu,

    If a person has his I140 approved since Jan 2016, as of rule effective date it, it is approved for more than 12 months. Does he can attain the benefit of this rule immediately? or should he once again wait for another 180 days (from Jan 2017 to June 2017?

    Magesh Ramadoss.

    1. Hi Raghu,

      With this new i140-EAD rule, If i change job can my employer withdraw i140 when i quit ?
      Assuming if i140 is withdrawn, can i apply for h4-EAD ?

  88. I just changed my employer. If they will revoke my I-140 before rule come into effect, will I get H1B extension on same I-140 without porting it with new employer?

  89. Hi Raghu,

    I have an I-140 approved from 2012 as well as I-1485 pending from 2012, If I change job on Jan 17th 2017 or latter, does Supplement J for I-1485 applies to me? If it does apply to me do I need to proactively submit supplement J to USCIS to let them know that I have changed job in “same or similar” job classification using I-140 portability or I can wait to file supplement J once USCIS issue RFE?

    Also my perm was filed as a Computer Programmer/Software Engineer, if I take a job of Scrum Master (which is similar to a Software Project Manager) can this be considered “same or similar” in general?

  90. In PD porting for job change scenarios with I-140 approved, say in the time it takes for company 2 to file perm, get perm approval, file I-140 and get I-140 approval the PD becomes current. What are the options available in that case?

    Company 1 [employee has quit] – with whom I-140 was initially approved and it wasn’t revoked
    Company 2 [Employee is working here] – with whom I-140 is still pending meaning – PD porting is still not complete.

    Can the beneficiary file for I-485 based on the fact that PD has become current although not working at the time for Company A?
    If yes, is this something he needs to do on his own or through Company B where he currently works?

    If no, then does he have the option to go back and join Company A and then file for I-1485 for EAD while the PD is still current for him? Any idea how much time PD typically remains current?

    I know some time back dates progressed to 2009 for a while and then retrogressed back to 2006 which means the individual has to join Company 1 in that small time window- right?

    1. Author

      If PD is current and new employer’s I-140 is not yet approved, then you would have missed the chance. I don’t think there are any options.

  91. What if employer applies I-140 not via Premium Processing , how long does it take to get it approved and what are the next steps for getting H4 EAD?

  92. Raghu,

    Could you explain below point.

    “If I-485 is Pending for more than 180 days, applicants can use old approved I-140 and new job is the same or similar occupational classification.”

    Trying to understand I have I-140 approved and it’s more than 180 days means I can transfer h1b to new employer in same occupational classification and no need to file for labor and I-140 with new employer as old employer’s I-140 is valid.

    Please confirm.


    1. Hi Vinod,
      Did you get a reply for your clarification on your point? If so please share. Thank you!

  93. Hi Raghu,

    My wife applied under EB3 with PD Dec 2016 and has approved I-140.
    I am on L1A till Nov 2017 and completing my 7 years.

    Will I be able to switch to H4 after Nov and apply for EAD with her approved I-140?

  94. I have been followed your video during president trump issues for H1b visa .
    My husband is H1b visa holder , he is here in Usa from last 4 year ,I m H4 visa holder , our visa will get expired on 17 th may 2017 , we put for extension and we filled for green card, we have crossed 1st stage now we are in 2 nd stage I-140 .
    My problem is today my husband got call from us department of state, they want to meet my husband on 3/22/2017 to discuss about H1b employers.
    So here we both are little worried about for what they want to meet, can you please clear my problem any your good opinion or suggestions.

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