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发帖数: 310 | 1 Quote:
Originally Posted by pmysore View Post
A couple of clarifications from the Administrator would be appreciated.
In Aman's previous email, there was a bullet point about labor process not
needed to be restarted if the applicant has changed a job if the process has
moved past a certain stage. Could you elaborate on this point please w.r.t
this provision would be included as part of the E.O. and other information
if any?
Additionally, in one of your previous posts in this thread, you have
indicated that if an applicant has an approved I140 but has changed jobs,
they would probably not be able to apply for EAD since it is not retroactive
. Not foretelling anything, but if the purpose of the EO is to improve job
mobility, wouldn't the "bad" companies prevent the purpose by not filing for
EAD after I140 for employees until they have been there for some years?
From the employee perspective, it would make more sense sticking on the
company rather than go to another company and restart the labor process (if
the answer to my previous question about labor process restarting is
negative) which would take years.
Thank you so much for your hard work.
Benefits of your work are being enjoyed by thousands.
Thank you, these are both good questions.
At this moment, we believe that the job portability will kick-in after I-140
approval. That is, if your I140 is approved, you will be able to change
employer and file I485 through another employer. I485 is filed by immigrant
and you only need a letter from your employer (whosoever that employer is at
that time) that they continue to support your on-going green card petition.
We have shared what we know and we are also awaiting more specific details
as they are still being worked on by DHS.
Regarding not being able to apply "retroactively" that response was for a
specific situation question. Say if someone had I-140 approved from an
employer but that person changed employer in 2011 and is now working for
another employer since 2011. Such employee will not be able to take the
benefit of old I-140 because that petition was already abandoned long before
(in 2011) when this change will come into effect.
But if you have approved I-140 and you decide to change employer after this
new rule kicks-in, then you will be able to able to use it to continue with
your on-going GC process when you change your employer.
Also, you will be able to apply for your own EAD and AP after I140. You will
not have to depend upon your employer to file EAD and AP. So you will have
all the control of when and how to apply. It will be similar to the current
process to EAD and AP after I-485 under the current system where you do not
need your employer to file the paperwork. You don't even need a lawyer to
file EAD and AP. The current process to file EAD and AP is so simple that
you can do it yourself. |
