EAD Request After I140 Approval?

USA Green Card
1

A couple of questions-

  1. could I request EAD for myself after my I-140 is approved? I’m, currently on H1B
  2. could I request EAD for an H1 immediately after my I-140 is approved?
2

Haha…

Which country are you from?

You can file H1B EAD only when you can file i485.
I485 can only be filed when your country’s GC priority date is current.

If you are not from India or China, then your priority date is probably current.

If you are from India, you will probably be never able to file i485 in your lifetime:
https://www.truvisa.com/t/eb2-india-has-not-moved-an-inch-in-last-couple-of-years/139?u=anil_gupta

3

India. …LOL!

1 Like
4

Welcome to the party :slight_smile:

5

My employer is filing EB2 for me. In future, if I join a new employer, could the the new employer file EB3 for me? and could I retain my PD from EB2 from earlier

** considering the trend of EB3 >>>>> EB2?

6

Well, legally, you can jump from EB2 to EB3, but it’s not as easy as you might think.

Today, your employer is giving paperwork to prove your worth and eligibility for EB2.

Tomorrow, they will have to degrade it to EB3.

This certainly creates contradiction and USCIS may or may not raise questions.

On the contrary, the counts are looking good for EB3 as their backlog has just cleared from 2008.
As we move ahead in 2018-19 season, I expect to see more EB3’s from India line up.

Most H1Bs have been taken up by Indians since 2008 as only they qualify with their education.

The PERMs filed each year have been on the rise too since 2008.

7

"…Today, your employer is giving paperwork to prove your worth and eligibility for EB2.

Tomorrow, they will have to degrade it to EB3.…"

if EB2 is filed by Employer A, while EB3 is filed by Employer B, then I’m assuming there is no contradiction, right?

In this case can I port my old EB2 date to new EB3?

8

You can port but your education and work experience is what makes you eligible for either EB2 or EB3 not the employer.

9

Thanks. So, I140 Approval Notice would indicate if my case is approved for EB2 or EB3?

10

Yes, i140 will indicate.

Sample i140 approval - check the ‘Notice Type’ field - It shows EB2 here:

11

Awesome…
Thanks