Sunday, May 31, 2015

Can an H4 Visa holder file for a Green Card through Labor Certification or other means?

This is a question often asked by many.  The answer is a big yes. In fact, we recommend our H4 visa holders even before the H4 ead to have a PERM labor certification (employer or offer of employment required) or National Interest Waiver or even EB1 started for them because you never know when the priority dates can become current. Note that the H visa including the H4 visas are dual intent visas.  This means you can have both the non immigrant and an immigrant visa running concurrently.  There are actually many reasons why the H4 visa holder should actually look into their own permanent residence process but I am listing only two examples below.

Two success stories to illustrate the advantages of an H4 visa holder filing for PERM Labor Certification.

In 2005, a couple came to see us to file a labor certification for the husband who was on H1B and who had a very good position.  During the conversation, the wife asked me if she should also file a labor just in case.  We answered positively.  The case was filed and within 5 months the case was actually approved for both the H4 visa wife and the H1B visa holder.  Ultimately a form I-140 was filed for future employment and approved within few weeks. In July 2007, the husband's company announced that they will be closing the company.  In August 2007, when all the dates became current, we file an adjustment of status for both husband and wife.  Ultimately they were both on EAD through pending adjustment of status.  This allowed both of them to stay and work in the United States.

We have had another very similar situation around 2008. In this case the couple parted and the dates for the H4 became current which allowed her to stay in the United States under a pending adjustment of status and a period of stay authorized by the Attorney General.  This allowed the H4 visa holder not only to stay but also to work in the United States.

Just based on these two situations, we highly recommend having a labor filed for H4 visa holders while you are under an H4 visa status.  In fact, with the H4 EAD it will be a lot easier to have the green card process started for the H4 visa holder especially on the issue of ability to pay in the form I-140.  Ultimately, if the I-140 EAD rules are passed, the H4 visa holder might even benefit from an independent work permit not dependent on the H1B visa holder.  Important note: for the PERM labor certification, an employment offer needs to be present. As for NIW and EB1a, no need for employment offer because they are both self petitions.  If you need help in filing for your Labor Certification or Form I-140, feel free to call us at (510) 742 5887.

Friday, May 29, 2015

Should someone keep the OPT or move to H4 EAD?

We are getting many calls of people confused whether they should move to H4 and ultimately the H4 EAD application rather staying or picking the OPT.  The answer is not that simple. It is on a case by case basis.

Let us compare the OPT to the H4 EAD:

Few Advantages of the OPT versus the H4 EAD
  • Since the OPT is attached to the F1 student visa, it is independent of the H1B spouse who actually maintains the H4 visa. This becomes valuable especially if the H1B holder's job is not stable or the marital relationship is not in good shape.  
  • The OPT work permit has long been long established and is a solid form of EAD and has withstand years in the industry while the H4 EAD is new and has not yet established itself.
Few Advantages of the H4 EAD versus the OPT
  •  The biggest advantage of the H4 EAD is that you are not limited in the type of employment  you are seeking including opening your own business unlike the OPT.
  • The H4 EAD does not require that you constantly work. You can keep the EAD even though you do not want to work.
  • On the H4 EAD, the H4 visa to which the EAD is attached is only dependent on the H1B visa holder's status not on any type of SEVIS system like the OPT.
Depending on your situation, either the OPT or H4 EAD might be a better choice.  This is why you should talk to an attorney before you make a decision which one to pick.  Feel free to call the Shah Peerally Law Group PC at (510) 742 5887, should you have any questions.

Thursday, May 28, 2015

Immigration lawyer Law Show - Shah Peerally - H1B, H4, H4 EAD, I-140 EAD

Plaintiff on lawsuit against H4 EAD seems not to be giving up!

According to Law360

"Tech Workers Fight To Keep H-4 Work Rule Challenge Alive

A tech industry worker group urged a D.C. federal court Tuesday to keep alive their challenge to a new U.S. Department of Homeland Security H-4 visa rule that allows certain spouses of high-skilled immigrants to get work authorization, saying the department wrongly argued that they didn't properly plead an injury."

Seems that their argument is that the government argument that Save Jobs USA did not "properly plead an injury"was erroneous.  Although I will agree that the Department of Homeland Security could have done a better job on this matter, my analysis that Save Jobs USA did not actually show irreparable harm. They claimed that tech workers will be affected by this rule cannot really be substantiated. Most of the H4 visa holders who are going to be getting a work permit are probably not tech workers.   Had they been tech workers, they would have shifted to H1B long time ago.

Since we started the petition and pushing for the H4 EAD, I have spoken and written to thousands of H4 visa holders most of them were in business, art, medical and other areas rather than in the tech industry.  If the court allows Save Jobs USA to bring back their lawsuit, it will create a very bad precedence for the legal system.

As such we urge the court not to reconsider the motion to re-open the lawsuit.

For more information feel free to call (510) 742 5887 or email info@peerallylaw.com





Wednesday, May 27, 2015

Can an H4 visa apply for work while the EAD application is still pending?

Can H4 visa holders look for employment during the EAD processing time?

Now that the H4 EAD application is on, many are calling to ask if they can start prospecting for employment based on the new rule of H4 work authorization.  Nothing in the rules or the past rules prevents the H4 visa holder to look for work. However, before the H4 EAD new regulations, many employers will not even look at a resume knowing that the person is not yet authorized to work. But now things are different!

With the new law, employers will be looking at a new perspective on the H4 visa holders.  They can actually be valuable assets to the companies.  Although there are no clear rules on the subject, it seems this is going to be decided based on state laws.  If the state law does not prohibit seeking employment while there is no authorization to work yet issued, H4 visa holders with pending applications for EAD should be able to start looking for employment.  But DO NOT START WORKING until the employment authorization card is issued and social security number is issued.

For those who want to start a business, you can start preparing your business plan and look into incorporation and as soon as you receive your EAD, you will be ready to do business. We encourage H4 EAD holders to start their own businesses. If you need help or legal advice on the matter, please call (510) 742 5887 or email info@peerallylaw.com

What Happens if an H4 "unlawfully" start working before the EAD is approved?

An H4 EAD applicant should not start working before the EAD is approved. However in case someone works unknowingly or knowingly,  they might be able to use INA 245(k) to actually defend themselves (please note you cannot aggregate more than 180 days of unlawful work). Note that INA 245(k) is for defensive purposes.  You should not work knowing that you are violating the US immigration laws.  INA 245(k) will actually help you at the adjustment of status stage.  The section reads:

(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if-- (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission; (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days-- (A) failed to maintain, continuously, a lawful status; (B) engaged in unauthorized employment; or (C) otherwise violated the terms and conditions of the alien's admission.

The article above is purely informational, we actually recommend that you contact an attorney before you decide to start prospecting  for employment or abusing employment without authorization. Remember that the employment authorization is just temporary. Your ultimate goal is to become a permanent residence and a US citizen of the United States.  You do not want to jeopardize this chance.

We have helped hundreds with their immigration matters, we will be more than glad to schedule a consultation for you.  Please call us at 510 742 5887, if you want to speak to one of our attorneys.

Tuesday, May 26, 2015

Getting Professional Help for H4 EAD - Bay Area Legal Services

The H4 work authorization or EAD is now a reality but until the work permit is in the hands of the H4 visa holder, the stress is not over. While many are thinking that the application is simple, and it might be, the difficulties that had been attached to getting that law passed, can only make us wonder about the difficulties of actually applying for an H4 work authorization.

Many are calling and are so confused with the forms, that it is becoming impossible to answer without a consultation.  As such, we have tried our best to guide people on the law but as for the other issues attached to the H4 visa itself and filing the forms, you might want to hire a lawyer to do that. For those who were on a student visa (F1 visa) or OPT, they seem to be  more confused on how and when to change status.  Others are simply overwhelmed with information that they are ready to give up.  These are but few examples of the difficulties for regular immigration lawyers about answering the H4 EAD questions.

However, since our law firm had been involved in the process of the H4 work permit law since 2010, we know a little more on the issues related to H4 than the average immigration lawyers. The law group offers a comprehensive Bay Area immigration legal services. Although we do not claim to know it all, our involvement in passing this law makes it easier for us to understand the issues. As such, if you need help to file for your H4 change of status, and securely obtain your H4 work authorization  we recommend that you call us at (510) 742 5887 or email us at info@peerallylaw.com


Another Victory for the H4 Visa Holders


 By Shah Peerally, Esq is principal in Shah Peerally Law Group, a pre-eminent immigration law firm with offices in Newark and San Francisco
The H4 work permit authorization was one of the most daunting fight of my life and the lives of thousands of H4 visa holders. For years, people on H4 visa has been suffering from the past H4 laws. In February 2015, the government announced that as from May 26, 2015, some H4 visa holders will be eligible to file for a work permit. 

>> Read More 

Monday, May 25, 2015

Great Breaking News: Lawsuit by Save Jobs of Preliminary Injunction Denied - The H4 Visa Holders Won!

After suffering so much on the H4 visa, finally the law is NOT being blocked. The Court sided with H4 visa holders and the Department Homeland Security. Congratulations, to all the H4 visa holders who are eligible for the H4 visa - be ready to apply for May 26 2015. 
If you need help call us at 510 742 5887.

"Plaintiff Save Jobs USA (“Save Jobs”) brings this action against the U.S. Department of Homeland Security (“DHS”) for violations of the Administrative Procedures Act (“APA”). Save Jobs alleges that DHS violated the APA when it issued a final rule that will allow certain H-4 visa holders to apply for employment authorization. See Employment Authorization for Certain H-4 Dependent Spouses, 80 Fed. Reg. 10,284 (Feb. 25, 2015) (to be codified at 8 C.F.R. pts. 214.2, 274a) (the “Rule”). Before the court is Save Jobs’ motion for a preliminary injunction. Because Save Jobs has failed to show it will suffer irreparable harm absent preliminary relief, the motion is denied." READ the Full Decision - Denial of Lawsuit Save Jobs USA v DHS

 

Sunday, May 24, 2015

How the H1B Amendment Alert based the Matter of Simeio Solutions LCC Affect the H4 Visa Holders and their EAD.

On May 19, 2015 the USCIS issued an alert on when an H1B amendment should be filed when changing the job location based on the Matter of Simeio Solutions, LLC .  This article analyzes the effect not filing an H1B amendment when it is required on the H4 visa holders and obviously their EADs.

In order for someone to obtain an H4 work permit, one has to actually first pass to H4 status, then file for the EAD or file concurrently for the H4 change of status and the work authorization (EAD).  In turn, in order to obtain an H4 status, the spouse of the H4 has to have a valid H1B and meet the requirements to file for the H4 EAD.  In case this H1B is not valid or in violation of the H1B rules, the H4 might be terminated and therefore the H4 EAD will not longer be valid.

Since the entire H4 visa and the H4 EAD revolve around the validity of an H1B visa,  we highly recommend that the H1B holder make sure that the H1B is being amended accordingly in order that there is no lapse in the H1B status and ultimately affect the H4 visa holders.

Below is a slide on when to file the H1B amendment. Make sure you are checking with your company that they are following the rules on the Matter of Simeio Solutions, LLCA healthy H1B ultimately means a healthy H4.




H4 EAD Lawsuit - Will the Preliminary Injunction Succeed?

This article was published by the Center for Immigration Studies. Although the author is of the opinion that the injunction will not go through because of the "irreparable harm, or the lack thereof." He also pointed out that the government did not really respond appropriately.  Since the court has not rendered a decision so far, let us analyze what might be needed for the plaintiff (Save Jobs USA) to win the injunction.  In order to understand the lawsuit, we need to learn a little about injunctions. In most courts in the United States, the party seeking the preliminary injunction must demonstrate all four things together:
  1. That there is a substantial likelihood of success on the merits of the case,
  2. That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
  3. The threat is immediate,
  4. That the balance of harms weighs in favor of the party seeking the preliminary injunction,
  5. There is no other available remedy,
  6. That the grant of an injunction would serve the public interest.
The "balance of harms" refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction.

The real question is whether members of Save Jobs USA will actually suffer irreparable damage or injury if some of the H4 visa holders obtain a work permit (EAD).  Well, since Save Jobs USA is a group of mostly engineers, in order for them to actually suffer "irreparable harm" all the H4 Visa holders would have to be engineers.  Since most probably are not, it might be hard to prove that they will be taking their jobs.  As for the other elements, we will leave it to the government to disprove that there is no available remedy and that injunction will actually be serving public interest.

From an economic perspective, we need to remember that we are living in a capitalist society, and competition is normal. If everybody would sue because they feel someone is competing with them, it will be chaos. The same arguments have been used against NAFTA and other trade trade agreements, and have failed.  In fact, such agreements have made the USA stronger. 

The H4 EAD is a drop of water in a big ocean of injustice caused by the delay for many to obtain their permanent residence. It would be unfair and unjustifiable for the judge to decide that this law should be stopped.

We need to let the H4 visa holders have a chance. In fact, having worked with hundreds of H4 visa holders, we have witness their amazing potential and determination.  The truth is that if one third of the H4 EAD holders open a business and employ three employees each, it might actually create more jobs for Americans.   Through the economic multiplier effect, it will also create more wealth.  

Therefore in the spirit of justice and public interest, we have good grounds to fight this injunction and ask the judge that allowing such an injunction will go against all American values.

We pray that the judge will not allow the injunction to go through. Until then, all those who are eligible to file for their EAD under H4 visa, please go ahead and continue your path.  If you need help on your case, feel free to call (510) 742 5887

Saturday, May 23, 2015

After H4 EAD, seems the I-140 EAD is now being proposed on the Regulatory Agenda! - Only "Proposed Stage".

Based on President Obama's speech of  November 2014, it seems that DHS is moving forward on executive power on the Regulatory Agenda to allow approved I-140 beneficiaries to file for an EAD (work authorization) . Note this is only at the proposal stage and it will take some time before it is finalized. For those who had followed the progress of the H4 EAD rule, they all know the steps of how it works. If this rule goes through, it will be an awesome move for all those waiting for years to get their permanent residence. Good Luck!

>> Read More

Friday, May 22, 2015

New I765 Form is finally out!

The New I-765 Form is Out. Please use this for your H4 EAD. As predicted, seems the USCIS was waiting for news on the H4 lawsuit to release the new form.  This the new form.  If you need help in filing, please call us at 510 7425887.

New I-765 Form H4 EAD
H4 EAD Form I-765 Instructions
Filing Locations

(c)(26)H-4 Spouse of an H-1B Nonimmigrant
File with the USCIS Dallas Lockbox Facility if the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with EAC or LIN
File with the USCIS Phoenix Lockbox Facility if the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with SRC or WAC
USCIS Dallas Lockbox Facility
U.S. Postal Service (USPS):
USCIS
PO Box 660921
Dallas, TX 75266
For Express Mail and courier deliveries:
USCIS
Attn: H4
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
USCIS Phoenix Lockbox Facility
U.S. Postal Service (USPS):
USCIS
P.O. Box 20400
Phoenix, AZ 85036

For Express mail and courier deliveries:

USCIS
Attn: H4
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

Thursday, May 21, 2015

Five Reasons you should not target May 26 for your H4 EAD package to reach USCIS

Many are eager to file their H4 EAD paperwork (application).  While the H4 has been waiting for years to see this dream come to reality, it is now time to do the right thing and mail this long awaited package to the USCIS based on the new law.  However, because USCIS seems not be ready to accept those packages earlier, we are recommending people to allow their applications to reach after May 26, not before on on May 26, 2015 or even May 26. The reasons are:

1. This is a new law and there will be a testing time, just like a new software being tested.
2. USCIS has clearly said that they will not accept any applications before or May 26. If the delivery carrier delivers it before the May 26, the case will be rejected.
3. Mailing the package before May 26, might make the USCIS think that it was not received on May 26, leading to a rejection.
4. The H4 EAD unlike the H1B has no deadline, therefore, you can file long after May 26 because there are no quota. Do not believe false rumors on the situation.
5. The USCIS is going to get an influx of cases on May 26 and as such they might just put all cases coming for this week to be received and processed on the same date as May 26.

For the above reasons, we are recommending not to rush and mail your package on May 26 or after not before. As they say only "fools rush in!"

We wish you all the best for your H4 EAD application, and should you need help please contact us at 510 742 5887.

Wednesday, May 20, 2015

Breaking News- Employment Authorization for Certain H-4 Dependent Spouses


REMINDER: Do NOT submit an application for employment authorization (Form I-765) before May 26, 2015. USCIS will not accept a Form I-765 requesting employment authorization based on your H-4 status until the H-4 rule takes effect on May 26, 2015. If you submit a Form I-765 requesting employment authorization on this basis before May 26, 2015, USCIS will reject and return your application with the filing fee. You would then need to re-submit the application on or after May 26, 2015.

Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant:
  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
The Employment Authorization for Certain H-4 Dependent Spouses final rule (H-4 rule), effective on May 26, 2015, seeks to support the goals of attracting and retaining highly skilled foreign workers and minimizing the disruption to U.S. businesses resulting from H-1B nonimmigrants who choose not to remain in the United States and pursue LPR status.

Although USCIS published the H-4 notice of proposed rulemaking in May 2014, finalizing it was part of the executive actions on immigration that President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of the initiatives to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelor’s or higher degree in a specific specialty that is directly related to the H-1B position. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling.

Visit our H-1B Visa Web page for more information on eligibility for the H-1B program.

>> FAQ ON H4 EAD

Tuesday, May 19, 2015

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions


Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.
USCIS will refund the premium processing fee if:
  • A petitioner filed H-1B petitions prior to May 26, 2015, using the premium processing service, and
  • USCIS did not act on the case within the 15-calendar-day period.
Premium processing remains available for all other Form I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification.
This temporary suspension will allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations.

Hearing on H4 EAD Injunction lawsuit to be heard on Thursday May 21, 2015

The H4 EAD dates are coming close (May 26 2015), yet we have not received any official instructions on the new Revised I-765 form.  One of the reasons may be the decision on the injunction filed by Saved Jobs USA.  The judge in the Federal Court in Washington D.C. where the case was moved, will actually be hearing and probably deciding on the injunction on Thursday May 21, 2015.  There are only few outcomes we can expect:

1. The judge grants the injunction as such the H4 EAD is blocked like DAPA and DACA; or
2. The judge deny the injunction.
There are little chance that the judge will defer the decision but it might happen.

At this point, we ask all of you to follow the case. Based on the decision, then we will know if we can actually get the H4 work permit. Because of the delay we are also expecting a delay in the instructions and the release of the new form I-765 form.  Therefore a delay for people to apply. However, unlike the H1B application there is no deadline, if the injunction is NOT granted, then people will still be able to apply for their H4 EAD. Let us hope that the judge act in the best interest of the H4 visa people who have been suffering for years from this unfair law.  God help us all!


Thursday, May 14, 2015

Revised version of Form I-765 for H4 ead is not yet out

As all of you know, USCIS had indicated and as per their "draft I-765 form instructions", that a revised version of the form I-765 work authorization will be released for the application of H4 EAD.  To this time (May 14 2015) except a "draft of instructions", nobody has seen a final version and the date of May 26 is approaching. Many people are now anxious and worried why this is the case.  As we are writing this short article, we do not have any information to the cause of this delay except that we might see something in the next few days.  We encourage people not to be frustrated or anxious about the situation. Since the H4 EAD application of May 26 has no quota or deadline, we should hopefully be able to start filing the H4 work authorization on time and after.  For more information please call (510) 742 5887 and keep check the website for updates.

Tuesday, May 12, 2015

DHS asking the federal court to dismiss lawsuit against H4 EAD Rule - hopefully good news!

According to Law360 on Monday 11, 2015, the Department of Homeland Security has requested that the judge dismiss the lawsuit against H4 EAD.  According to the same report, DHS is saying that there is no "scintilla"of evidence for a claim in the lawsuit.  While we agree with DHS, until the U.S. District Judge Tanya Chutkan makes it ruling, we cannot really say if the lawsuit is dismissed.

However, most attorneys and views agree with the fact that the lawsuit against H4 EAD has no merits.  We will keep you informed as we get more information.

As such, we will continue accepting candidates for H4 EAD applications. Please call us at (510) 742 5887 for any questions.

Immigration Live Radio Show by Attorney Shah Peerally

Saturday, May 9, 2015

Draft Instructions for H4 EAD I-765 Application - Warning: this is just a draft!

As expected and indicated by the new H4 EAD rules, the new H4EAD instructions have not been fully finalized.  However, the USCIS has come up with a draft to this effect.

http://www.splawforum.com/blog/wp-content/uploads/2015/05/I765-INS-WIP-H4-01302015.pdf
This is a draft (not an actual instruction) of the instructions for the application of the work authorization on H4. As you can see the words are being included are just a draft and it has not been finalized. However we can assume that this is going to be the same instructions to file. The language below has been added.

Page 4 Reads: "For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated your Form I-539. You may also file Form I-765 at the same time as Form I-539 and Form I-129, Petition for a Nonimmigrant Worker. The 90-day period for adjudicating Applications for Employment Authorization filed together with Form I-539 does not begin until USCIS has determined whether you are eligible for the underlying H-4 nonimmigrant status."


SEE the Draft of Instructions for I-765 H4 EAD


Since this is a new law and many are not familiar with it, it is recommended to have a lawyer who has followed the entire process to help. The Shah Peerally Law Group has been advocating for this change of law to get an H4 EAD for a number of years and as such we can gladly say that we have some knowledge of what is coming. Nonetheless this is a new law and nobody can predict what really will be the outcome or the processing time of such applications. We can only guess! If you need help, please call (510) 742 5887.

H1B, Form I-140 and EAD - beware of scammers!

Lately we have received a lot of calls namely people asking when people on approved I-140 can be get an EAD. For those who have followed Shah Peerally and his law shows on KLOK 1170 AM as well as his blogs, at no point in time, during our advocacy and petition we requested such a law. We think it is actually a great idea if such a law was implemented but so far nothing indicates it is coming soon.
Few Congress persons have actually proposed it but since it does not seem any of the immigration laws is coming from Congress but only from Obama Executive powers, we doubt that such law will be in force soon. However, we fully support an EAD for H1B holders with an approved Form I-140. Please beware of scammers who are actually trying to raise "lobby money" to actually push an agenda which has nothing to do with reality. We acknowledge there are legitimate entities who are trying to help push for a work authorization for those on H1B and I-140, others are just taking advantage of the community. If anything good happens on the matter we will inform you accordingly.