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Distinction of I-140 EAD and I-485 EAD

Chalanachithram.com DB » New TF Industry Related » Archive through December 30, 2015 » Distinction of I-140 EAD and I-485 EAD « Previous Next »
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Jalsa
Legend
Username: Jalsa

Post Number: 34147
Registered: 02-2008
Posted From: 24.186.109.17

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Posted on Monday, December 28, 2015 - 09:42 pm:       

deenamma msa change ayithe malli perm aney rule kooda pothadhaa ledhaa?
 

Atta_boy
Side Hero
Username: Atta_boy

Post Number: 9516
Registered: 02-2014
Posted From: 98.193.210.138

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Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 09:40 pm:       


Catalyst:

Idhi already vundhi kada...inka vachcedi emundhi???




no need to apply perm again...
The toughest fantasy season ever was legacy this year...Brutal...

Am I still the GOAT even if my own coach does not trust me ?
 

Sony
Megastar
Username: Sony

Post Number: 26307
Registered: 12-2006
Posted From: 170.48.19.251

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Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 09:39 pm:       


Catalyst:



Idhi already vundhi kada...inka vachcedi emundhi???


ekkada undi, I140 portable ante without re applying labor they will transfer I140 from company a to company b adi expectation
 

Catalyst
Side Hero
Username: Catalyst

Post Number: 5035
Registered: 07-2009
Posted From: 73.200.2.131

Rating: N/A
Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 09:38 pm:       


Sony:

I140 portability ostadi enjoy maadi




Idhi already vundhi kada...inka vachcedi emundhi???
"I can forgive, but I cannot forget, is only another way of saying, I will not forgive".

Biriyani: N fans ante mahesh babu and prabhas fans ye kadaaa
 

Sony
Megastar
Username: Sony

Post Number: 26302
Registered: 12-2006
Posted From: 170.48.19.251

Rating: N/A
Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 09:14 pm:       


Atta_boy:

idi kuda under special conditions kada..


kaadu
 

Atta_boy
Side Hero
Username: Atta_boy

Post Number: 9511
Registered: 02-2014
Posted From: 98.193.210.138

Rating: N/A
Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 09:03 pm:       


Sony:

I140 portability ostadi enjoy maadi




idi kuda under special conditions kada..
The toughest fantasy season ever was legacy this year...Brutal...

Am I still the GOAT even if my own coach does not trust me ?
 

Sony
Megastar
Username: Sony

Post Number: 26299
Registered: 12-2006
Posted From: 170.48.19.251

Rating: N/A
Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 08:59 pm:       

H1b meeda unna valaki I140 EAD ravali ante special rule ravali ani meaning

kangaru padakandi I140 EAD raadu already last week sepinam kada

I140 portability ostadi enjoy maadi
 

Junior_no1
Hero
Username: Junior_no1

Post Number: 10522
Registered: 09-2014
Posted From: 101.63.152.160

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Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 08:55 pm:       


Catalyst:

telugu lo 2 lines lo cheppu




Catalyst:

inko line ekkuva ayina parledhu.. moodu mukkallo cheppandi




6 lines aina parledu
BABU BULL DOGS - ACHI BUCHI GALI DHOOOLI
 

Catalyst
Side Hero
Username: Catalyst

Post Number: 5034
Registered: 07-2009
Posted From: 73.200.2.131

Rating: N/A
Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 08:38 pm:       


"I can forgive, but I cannot forget, is only another way of saying, I will not forgive".

Biriyani: N fans ante mahesh babu and prabhas fans ye kadaaa
 

Aquarian
Side Hero
Username: Aquarian

Post Number: 2843
Registered: 12-2012
Posted From: 167.187.101.241

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Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 08:37 pm:       


Kingjames:

telugu lo 2 lines lo cheppu




inko line ekkuva ayina parledhu.. moodu mukkallo cheppandi
 

Kingjames
Moderator
Username: Kingjames

Post Number: 1731
Registered: 11-2013

Rating: N/A
Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 08:30 pm:       

telugu lo 2 lines lo cheppu
 

Catalyst
Side Hero
Username: Catalyst

Post Number: 5032
Registered: 07-2009
Posted From: 73.200.2.131

Rating: N/A
Votes: 0 (Vote!)

Posted on Monday, December 28, 2015 - 08:28 pm:       

Distinction of I-140 EAD from I-485 EAD Including Compelling Circumstances Requirement

Requirements for EAD application for I-140 approved nonimmigrants are distinctively different from those for I-485 applicants applying for EAD under the draft I-140 EAD instructions. Most noteably, readers can see the following differences:
Requirement of H-1B, L-1, O-1, E-3, or H-1B1 Nonimmigrant Categories: When EAD applications are filed for I-485 proceeding, the applicant does not have to be in any one of the employment-based nonimmigrant status. In fact, the applicant does not have to be in legal status inasmuch the period of out-of-status is less than six months from the latest admission to the United States. Additionally, there is no restriction as to what kind of employment such applicant must be in. However, the draft I-140 EAD instructions indicate that the EAD applicants must submit evidence that they are in certain employment-based nonimmigrant categories. It appears that this requirement is focused on the categories of nonimmigrants who enjoy "dual intent" (both immigrant intent as well as non-immigrant intent). Most notably, H-1B and L-1 have enjoyed the provileges. O-1 nonimmigrants have also enjoyed this privilege in the immigrant agency practice. Currently, E-3 and H-1B1 nonimmigrants do not enjoy a dual intent and must retain nonimmigrant intent to keep their "legal status" in this country. However, come January 2016, the USCIS is scheduled to publish final regulation that will make these two nonimmigrant categories enjoying dual intent. Apparently, the USCIS has been coordinating with this H-1B1 and E-3 final-rule making process. All other nonimmigrants in other nonimmigrant categories including F-1, J-1, P-1, E-2, eta. will not be able to apply for the I-140 EAD even if they have approved I-140. Under the current immigration regulation, all of these nonimmigrants must maintain nonimmigrant intent and cannot reveal immigrant intent.
Requirement of Compelling Circumstances for Needs of EAD: The I-485 applicants do not have to show any reasons why they apply for EAD. In fact, the I-485 applicants with EAD do not even have to work even if they have an EAD. Besides, they can engage in any kind of employment or business including self-employment or new business operations. Or they can even bake a hamburger as an employee of a fast-food restaurant, if they wish. However, I-140 EAD requires that the EAD applicants show evidence of compelling circumstances. It does not give the definition of this requirement. In fact, the immigration statutes and regulations do not include this term for any immigrant or nonimmigrant proceedings. The compelling circumstances come from "common law" rather than legislation. Under the common law, rule of "equity" plays an important role in Anglo-Saxon countries including the United Kingdom and the United States. People often see the simbol of this equity when they visit a lawyer's office or court room, a statue of a blind-folded Goddess holding a scale as a symbol of justice. One side of scale represents adverse factors involved with applicant and the other side of scale represents favorable factor involved with applicant. When the scale tips toward adverse factor direction, the justice should rule against the appliicant unless there is a special legislation. The heavier, the weight of tips fall that direction, there will be no justice or a room for exercise of disretion for the justice. The opposite goes true as well. Should the scale tip toward favorable side of the scale, the room for justice and discretion should prevail on behalf of the applicant. The heavier, the scale tips towards the direction of favorable scale, the more compelling the justice and discretion should be handed down in favor of the applicant. It appears that compelling circumstances may require rather a heavier tips of scale in favor of the applicant. In using the scale, the adjudicators of the USCIS should weight many different factors. Obviously, the USCIS may give some guidance to the adjudicators for the determining factors and circumstances and weight of each factor and circumstance. There is no one-fits-all determinator. However, one can easily figure out that if one has a new job offer from an employer who can and is willing to file H-1B or L-1 transfer petition at their cost, one may find himself or herself in hard spot. One the other hand, when one ports to another employer in nonimmigrant status, but the company faces downturn of the business and cannot pay the required wage for H-1B or for similar reason one faces a threat of lay-off or termination, the scale of justice may tip heavily towards the favor of him or her. The bankrupscy of the employer is another example. There can be many other variables of compelling circumstances. Obviously, the adjudicator will also look at those who have been waiting for years and years as opposed to those who have been waiting for a short period of time, etc. etc. One other factor for the evidence of compelling circumstances may require extraordinary circumstances, meaning the applicant does not have any control over the development of the circumstances which are beyond their control. If any circumstances are created by the applicant or could be controlled by the applicant, the agency may take it hard to find compelling circumstances.
The foregoing represents our individual opinion, and in no way readers should take it as a law. It is just an opinion. Different lawyers will have different opinions and the law can turn out to be completely different. Please take this as our disclaimer. We will watch closely how things will unfold in the next two months.
"I can forgive, but I cannot forget, is only another way of saying, I will not forgive".

Biriyani: N fans ante mahesh babu and prabhas fans ye kadaaa

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