Please allow these applicants (those who have approved I-140) to file I-765/EAD based on the farthest ever progression of their visa cutoff date.
Currently, only those GC applicants can apply for EAD (I-765) who are eligible to file I-485, eligibility for which in turn depends on the visa cutoff dates and availability determined by the USCIS.
Recently, the published visa-cut off dates for India has been sporadic. Just in last 12 months, the cut off date retrogressed from as recent as 1st May 2010 to 15th Aug 2007 to unavailable to now at 1 Sept 2004.
While few applicants could take advantage of the date advancement, this rapid retrogression has at the same time unfairly deprived thousands other the opportunity to file for their I-485/EAD.