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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3952
Experience:  Private practice in several areas, including immigration
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I was going through the I-140 EAD Rule that is published

Customer Question

I was going through the I-140 EAD Rule that is published recently. is my 7th year on H1B. My I-140 was approved 180 days ago.I have couple of questions. If you are unable to answer, then please feel free to pass questions to someone else.1) Based on this rule, can I apply for EAD?
2) Who has to apply for this EAD: employee or employer?
3) How this I-140 EAD is different from I-485 EAD?
4) If I apply for EAD with I-140 approval, then I do not have to apply for EAD at I-1485?
5) With this law, as my I-140 was approved 180 days earlier, hence, if I change my employer, then my previous employer won't be able to revoke my I-140?
6) If the EAD is approved at this I-140, then do I need to appear for Visa interview if I travel outside USA (e.g. India)?
7) If the EAD is approved, then does it mean, my H1B status will be no longer applicable?
8) If so, if the EAD gets denied, then my H1B status will also be considered as denied?
9) If my new employer, file my new PERM after 2 years of employment with them (considering my H1B transfer was approved for 3 years), I can still retain my priority based on my previous I-140 approval?
10) If the new employer doesn't want to initiate my GC process, then can I make another move to a new employer who can promise to initiate my GC process immediately after 1 year of employment instead of 2 years? Or, should I be having I-140 approval with the 2nd employer as well?
11) This rule talks lot about "Compelling Circumstances", what does it mean?Let me know if any of my questions is not clear.
Please be sure that I will submit a very positive rating and add generous tip for answering/clarifying my questions. Thanks.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me a few minutes to review your question and prepare a response.

Expert:  Expert James replied 8 months ago.

Sorry for the delay. To make things easier and more efficient, can you please provide me with the exact page or location of the information at each link you are referring to?

Customer: replied 8 months ago.
Hi James, I have already copied the direct links in my question. Please let me know if you are not able to open it.
Expert:  Expert James replied 8 months ago.

I don't want the links. I've checked them and there is a lot of information at each. I am seeking the specific things in each link that you are referring to.

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