Topic Immigration: EAD I140 Compelling circumstances. Background: I am on H1b with I140 approved (2014- EB2- India). My wife is facing medical issues and if I qualify, my intent is to apply for I140 EAD Compelling circumstances. My wife had multiple miscarriages and last year she was hospitalized for 15 days for emergency. This year she had a minor surgery and again put on 100% bed rest by the doctor. Currently I travel 1-1/2 hr each way to my job. We cannot move as she has doctor visits every week. EAD will allow me to find a flexible job near to my house and take care of my wife in this difficult times. Question: 1> Do I qualify for EAD I140 Compelling circumstances. I wish to apply for EAD. I am looking for a competent attorney. 2> My h1b expires August 2017. What is my status on EAD if I have to travel abroad? What about stamping? 3> On EAD I may get any job which allows me to be flexible and close to my house to take care of my wife. What if after 1 year, I do not get a h1b s
Whether you qualify for an EAD based upon compelling circumstances will depend upon the view of U.S.C.I.S. As this is new relief without much of a track record, I could not inform you whether your situation would be seen as compelling circumstances although I suspect that it will be. An individual on the EAD who works for another employer is no longer in valid nonimmigrant status. It does not give travel privileges. For that, you would have to make an application for advance parole, and such could be approved based on urgent humanitarian circumstances or where it would provide a significant public benefit. If you must renew your H-1B after the year of employment authorization under the EAD, you would have to go abroad for non-immigrant visa processing. If you are denied an H-1B petition and are still in the States, you can request an extension of the EAD where there is still compelling need and the visa availability date is far away, or the visa availability date is reachable within one year before or after the visa bulletin final action date. However, if the H-1B petition is approved by U.S.C.I.S. and you are denied a visa when you try to go for visa stamping abroad, you would essentially be stuck overseas unless you are able to overcome the ground(s) of denial.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Given the rule just recently went into effect, it is difficult to gauge your chances of success. You would need to file the request with as must supprotung documentation as possible. You should maintain H-1B status in the interim.
You would likely need advance parole to travel outside the U.S. unless you are maintaining your H-1B status.
You would have flexibility to get another job but the offer from your employer must stand.
I encoyrafe you to consult an attorney before pursuing compelling circumsrances EAD.
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