LAID OFF ON H-1B: CAN I GET COMPELLING CIRCUMSTANCES EAD 

Thank you for asking questions with various scenarios an individual might face. Also liked that the responses were quite thorough.

huge backlog in EB2/EB3 should be enough to be compelling circumstances. It should be given to all.

What’s the purpose of compelling circumstances if they are going to take a year to process the EAD😢

Although it helps to stay in country which is good. Not working until EAD is approved which takes about an year, will lead to financial implications and also going for stamping outside US for change of status is still a challenge. It is useful for someone who has financial independence to sustain US life without working for couple of months. Again more information is needed for providing enough documentary evidence to show compelling circumstances like employer letter, mortgage obligations etc. Also one should consider paying USCIS and attorney fees along with living expenses for one year vs traveling short-term to India by vacating or renting home here.

Just clarifying. Once you are past the 60 days window and your application for compelling circumstances reached USCIS already, suppose an employer gives you job and H1-B transfer option. What should you do at that point? Can the employer still submit an H1-B transfer with the approved I-140 (since you are past the 6 year H1-B period)? And once you get the I-797A go out of USA for stamping and come back and work on the H1-B?

Hello , Let suppose my h1 b is valid for 2 more year and I got laid off , I apply and get compelling circumstances EAD then I found some job can I do same h1 transfer or have to move to new h1 ?

If your I-140 not approved and you are in H1B. Then what happens?

i laid off on 8th Dec 2023.I am on h1b with I 140 approved. Please suggest what i need to do.

Do you get AP (advance parole) with this EAD? If not, then what to do to come back to US in case you have to go out for any emergency?

If people have Green card EAD (but less than 180 days applying for AOS) can they still use their EAD ?

Shouldn’t our priority date be with-in 1 year of the visa bulletin’s final action date to get this compelling circumstances EAD?

If my I140 was approved by my previous employer, and in my current company I haven’t started my green card yet, am I still eligible for 1 year grace if fired from current company?

During the period where the compelling circumstances EAD is in process can I travel to India and come back?

Hello I have an i140 from 2018. I left US in 2018 and came back in 2021 in currently a student on F1. My entire family is US permanent residents. I have no one left in India. Can that be a compelling circumstance to apply for this EAD on the basis of my approved i140 from 2018? Can I apply for an EAD under this option. Thanks. My PD is not going to get current for 195 years. Thanks