DATE : 02/01/2016:

Aniban Request’s us to put our comments considering below points.


“While posting your comments, please mention the following:

1. Please mention the INA code 274A(h)(3). DHS has authorization under 274A(h)(3) to issue EADs to anyone. Please refer to this code that since DHS used the authority under this code to issue EADs to DACA recipients, H4 visa holders as well as looking to issue 5 million EADs to DAPA recipients, why cannot USCIS use the same code to issue EADs to H1B applicants with approved I-140s? No “compelling circumstance” was required in any of the other cases, why is it required now? Please ask USCIS to remove “compelling circumstance”.

2. EADs should be issued for 3 years which should be renewable till the applicant and dependents can file AOS.

3. Allowing for EAD renewal only if the PD is close to 1 year of cut-off date in VB does not make sense as cutoff date movement in VB is unpredictable. Does USCIS itself know where the cut-off dates for India will be 1 or 2 years from now? How can an applicant know if he will be eligible for EAD extension based on his PD date? This requirement should be removed.

3. AP or Advance Parole should be provided along with EADs so that applicants can travel to their home countries. USCIS is even looking to provide undocumented DACA recipients with AP. Surely this can also be provided to H1B applicants and their dependents who are already on their path to becoming LPRs and citizens of this country.

4. Allow porting to a new employer with approved I-140 so that the employee does not have to restart the GC process all over again. This is the biggest deterrent against job mobility and this goes against the President’s Executive Action for skilled immigrants. Codes 104c and 106a are silent on H1B extension for new employer. AC21 is silent on I140 portability other than 204j. The silence on the interpretation can be used to interpret that an approved I-140 can be used for job mobility WITHOUT restarting the GC process all over again.

5. Continue to adjudicate H4 EADs within 90 days and if they cannot be approved, USCIS should issue interim EADs. The EAD applicant has to take unpaid leave and may even be fired from the job with no fault of their own and even after applying in a timely fashion. USCIS should make every attempt to issue EADs in timely fashion or issue interim EADs to prevent work disruptions.”


We will also plan and schedule conference calls from time to time to discuss what we can do from our side to raise our voices together, so please pass us any ideas you think will help in this process by email ( ) or comments on this post.


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