Retention of EB-1, EB-2, and EB-3 Immigrant Workers (I-140 EAD) Rule approved

Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, aka I-140 EAD rule got approved this morning. EB-2 & EB3 India community can relax temporarily and an easily switch jobs by retaining their priority date.

This rule provides 2 major flexibilities to h1b employees.

1) Employer can't revoke i-140 after 180 days of the approval. So you can retain priority date if you move to a new employer. But you need to start green card processing from scratch.

2) 60-days grace period incase of layoff by the employer. you can stay in this country for 60 days maximum and looking for a new opportunity incase if you got laidoff.


EAD is kind of hard to get through this rule as it required compelling reason something like being a whisle blower in the company, severe illness etc. This rule is not useful to 99% of EB indian community, but will help switching jobs easily.

This rule will be effective around Jan 20th 2017.

Here is the Advanced Copy of the rule:

https://www.federalregister.gov/docu...g-high-skilled