S386 has plenty of catches 😂
S386 durbin amendment says that you can file for I 485 and get I 485 EAD (which in my opinion is no different than F1 OPT). This means that those who are trying multiple times on L1 visa for an h1b will be able to simply file for I 140 and after 2 years they will be eligible for EAD that is non restrictive(like OPT) and renewable every 3 years. This also means that any company in the US can file for I 140 for anyone ( this wasn't possible for indians before) during the first year of their OPT and by the time they are towards the end of their 3 year period they can file for I 485 EAD. Since I-140 and I-485 approvals have no cap it means technically means that companies can bypass the h1b cap that is in place. Am I reading this correctly? Share your thoughts. #h1b #workvisa
I read the bill and this is my interpretation as well. You can file for AOS/EAD if your I-140 is filed for at least 2 years. I’m not sure it would work from outside the country though?
It's the same thing. Anyone from anywhere around the globe can file for green card and get their EAD which is renewable every 3 years and non restrictive like OPT. In fact if I understand it correctly any student in his first year of OPT can file for I 140 and get his I 485 EAD before the end of his third year of OPT. This eliminates the need for an h1b for all the students during their OPT period thus not needing any lottery or the current wage level selection rule. I wonder how all the senators missed this part. Seems like our pro immigration advocacy groups managed to really convince all these GOP senators
This is for people who have an I140 pending through an H1b. So you will have to get an H1b first.
@CGI! You are Wrong!! I-485 is adjustment of status. Anybody outside the US has to go through consular processing and they can't file adjustment of status. To file adjustment of status, they have to be in the US on any work visa (H1B/L1/L2/E2/O1).
I see, but technically you can do it on F1 opt though right? I mean is it necessary to be on dual intent visa to file for I 485? Because F1 Visa is technically non immigrant intent though you could still file for I 140
What if someone was on H1 before and had an Approved I140 and left the country ?
No, it's a kick right in the balls for anyone that is not Indian
This clause is actually extremely surprising to get 100 senators approval. It means you *can* actually "sneak" bills in Senate by UC XD It literally means 1+ million EAD cards in the next couple years, 1 million workers released into labor market. Regardless of any per-country caps or nationality, that alone just can't get 100/100 votes. It's impossible. Somebody must object. Does anybody honestly believe if there was a bill with only this clause (early i485 filing) it would've passed UC? P.S. I'm already a US citizen and don't have a horse in the game for a long time. I'm just really really surprised such a major immigration reform (and early EAD is exactly that) can pass UC. It's unbelievable.
I guess GOP senators were probably fooled with such a sneaky amendment in the name of helping backlogged immigrants who acc to advocacy groups are suffering. Helping get rid of country caps is good But There was no need to include this amendment but I guess none of the senators even understand the language of the bill.
These 1 million workers are already in the system working for a decade & paying taxes like you. They are not falling from the sky.
The OPT loophole will result in a surge of low skilled Indians flooding into the US through bogus schools set up solely for the purpose of helping Indians get an EAD. This is a really terrible law. The fix is to change the law to stop issuing GC EAD to anyone--regardless of country of origin. Applicants should just maintain their underlying status until they get the actual GC. For 99% the GC EAD is redundant anyway and in this case caused a loophole.
I suggest reading the law properly and stop fear mongering. The amount of people who don't understand the INA is mindboggling. One cannot file for an immigrant petition on visas like F1 / B1 / B2 etc. USCIS will deny it. You can file for immigrant petition only on dual intent visas like H1 or L1. The stupid it burns !
gator, that's not true, lots of people have done GC from OPT
It's not unlimited immigration. Only people whose employers can prove that they need to hire them because there is no qualified and available US worker will be able to get EADs.
But without cap? Lol it's like a small sized company saying hey we want a senior software engineer but we can't find ones For $80k so we are hiring this MS engineer so give us our cap less EAD. Anything cap less is dangerous.
There's no cap on spouses of US citizens. Do you have a problem with that, too?
Lol no which version of bill are you reading 😅
Apply for Adjustment of Status ( I-485 Application ) : You can apply for adjustment of status using I-485, both applicant and eligible dependents, if you have your Immigrant Petition (I-140 application ) approved or pending for more than 2 years. So, you do not have to wait for the Priority date to be current to apply for the Adjustment of Status (I-485). Work Authorization, Travel Permission: The applicant who files the adjustment of status ( I-485) as per above, will be eligible for work authorization and travel permission as well. I am quoting from article redbus2us. Every other article I checked also mentions the I485 EAD thing.
Yeah so you can get EAD, but I am sure filing new immigration petitions will become extremely difficult. Also, this will give no control to employers which is not good for IT shops.