General Nonimmigrant Visa

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).

For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:

Linkedin Community Audio Event Recording - Immigration QnA with Rajiv, June 8, 2023

Agency

Immigration Law

SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna

May 19, 2023, Rajiv in QnA on behalf of students and young professionals (What is RFE, NOID, NOIR)

Immigration Law

SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna

Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

Question details

I have received my GC EAD based on my dependent status and am currently on an H-1B visa. However, the project I am working on will soon come to an end.

Do I still need to maintain my H-1B status, or will I automatically be in GC EAD status if I stop maintaining H-1B?

If I take a break from work while on GC EAD and then resume working after a 3-4 month period, will my immigration status be unaffected?

 

Video URL
FAQ Transcript

It is recommended to maintain the H-1, H-4, L-1, L-2, etc., statuses because it provides an additional layer of protection in case of any government errors or complications with the I-485 situation. If, for any reason, the government mistakenly or intentionally targets your I-485 application, having an H-1B to fall back on can be advantageous. The H-1B status remains intact and offers continued benefits. 

On the other hand, the EAD (Employment Authorization Document), unlike H-1B, grants you the freedom to choose whether to work, not work, work multiple jobs, or even start your own business. However, there are certain limitations to consider. Interestingly, the derivative beneficiary, which refers to your spouse, may have more rights under the EAD compared to your own. It's important to exercise caution and be mindful of these distinctions.

 

What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters?

Question details

If I am convicted of H1B/Green Card fraud or misrepresentation, resulting in a permanent entry ban, the following inquiries arise:

How soon must I depart from the US?

What will happen to my assets, such as my house and bank account funds? Will they be subject to seizure?

Can I sell my house and withdraw the money before leaving the US?

 

Video URL
FAQ Transcript

If you are convicted, which implies involvement in a criminal case, you will be unable to leave the U.S. without serving your sentence. If you receive a jail term of six months, one year, or five years (or any other duration), you must complete that period before departing. The timeline for your departure depends on the current status of your case. It is not advisable to stay in the U.S. illegally, considering that you are already facing the worst outcome—a permanent ban from entering the U.S. Overstaying by an additional six or eight months would result in an additional bar of three to five years on top of the existing permanent ban of three to ten years. As for your assets, unless there is some form of asset forfeiture, you can take your money and sell your house before leaving.

Recording for May 18, 2023 Conference Call with Rajiv S. Khanna

FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations