Compelling Circumstances EAD

Employment authorization given when compelling circumstances exist.

Is Interview Required for Compelling Circumstances EAD?

Question details

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


FAQ Transcript

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.

Compelling Circumstances EAD

We recently filed an application for an EAD based on compelling circumstances for a client with a major medical concern. The applicant was on an H-1B status. We provided a petition to USCIS outlining the applicant’s medical history and the ongoing treatment that showed the progression of his illness, which limited his ability to perform his job duties. He was initially placed on short-term disability but as the condition progressed, it was necessary for applicant to be placed on long-term disability.
Compelling circumstances EAD approved

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

Question details

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
FAQ Transcript

1. B-1/B-2 is another option. Please visit the blog entry on this issue. One might consider refraining from joining a consultancy unless they have a specific project.Compelling Circumstances EAD is not that glamorous, the reason being that it takes a long time to process. 

2. You can, of course, stay here while it's being processed, and then it's only given for one year, requiring you to extend it annually if you go to India.  B-1/B-2 is reasonably a good option; all you need is a copy of your earlier H-1B approval notice, and that should be enough.

Compelling Circumstances EAD

USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

Release Date 

U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).

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?
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.

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FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485