I-140 Employment Authorization (EAD) in Compelling Circumstances

Question details

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?
ANSWER
Video URL
FAQ Transcript

In my opinion withdraw your Compelling Circumstances EAD. I think it's both inappropriate and useless for you as far as I can tell. More...

 

 

Note: Where transcribed from audio/video, 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.

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Dipjyoti (not verified) on Tue, 04/11/2023 - 00:50 Permalink

I saw the conversation regarding compelling circumstances EAD. I am on H1B, have I-140 approved from a previous employer and recently got laid off. I don’t have any medical reason.

1. What evidence to show for Compelling Circumstances? Can it be only Financial loss? Laid off notice, house mortgage, car payments etc.? Can I apply immediately on the last day of being employed or can I apply earlier too since company has informed me and will keep me on payroll for another 3 weeks only ? 2. How many days/months it took to get the EAD card? 3. Did you expediate it? If so, how did you expediate it?

I would appreciate any help in this regard.

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The responses are provided without any guarantee of accuracy. A one-on-one consultation with competent counsel is recommended. Not intended to create an attorney-client relationship.

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