Compelling Circumstances EAD FAQs

Wednesday, August 16, 2023 - 06:19

Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140


I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.

My question is :

1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?

2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?



Video URL

Tuesday, July 13, 2021 - 09:40

I-140 Employment Authorization (EAD) in Compelling Circumstances


I had applied for the compelling circumstances EAD as i140 beneficiary when I lost my H1 job past July from info. thru these calls and our discussion. I found a new H1 job eventually in the grace period that H1 got approved later in Dec 2020.

Now after long wait, USCIS sent me biometrics appt. letter to go to ASC for fingerprints for this EAD. My question-

  1. Since it appears USCIS wants to proceed with this compelling EAD despite the fact they have approved H1 in Dec. itself, should I go for biometrics to get this EAD?
  2. If yes, is it fine to work elsewhere using that EAD(may be part time) while maintaining my H1 status thru current H1 job, or I got to pick one of the two? leaving my current H1 job will make me ineligible for i485 filing (in case my priority date may become current in another year) as that EAD is no H1 status right?
  3. Or should I not go for this EAD/biometrics at this point at all? do I need to inform USCIS anything?


Video URL

Monday, November 27, 2017 - 06:53

Is Interview Required for Compelling Circumstances EAD?


Recently USCIS announced that when a I-485 application is filed the Candidate has to go through the interview process. Is this applicable to the COMPELLING CIRCUMSTANCES EAD as well?


Watch the Video on this FAQ: Is interview required for compelling circumstances EAD?

Video Transcript

No. Not so far. The government has not indicated that they will be requiring an interview before issuing a Compelling Circumstances EAD. That's only confined to the I-485 applications. More


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.