Immigration Law

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I am on H1b and I lost my position in RIF. Not yet... I want…

Customer Question
Hello... I am on...

Hello... I am on H1b and I lost my position in RIF

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Not yet... I want to check what options I have I am trying to find a new employer to transfer my Visa... still did not find one

Lawyer's Assistant: Have you talked to a lawyer yet?

No I did not...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just wanted to check if I there is any chance I can take EAD on the approved i 140 I have

Submitted: 10 months ago.Category: Immigration Law
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9/25/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 10 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,974
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 10 months ago
Hello
Could you please let me know any options I have at this point...
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 10 months ago

Sure, I will be right with you.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 10 months ago

You cannot apply for an EAD on the approved I-140 until you have filed the I-485. All you can do is extend your H1B's. You have a 60 day grace period from the time you stopped working to find another employer. That would be your best option.

Good luck to you and I hope this answer has helped you!

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Customer reply replied 10 months ago
I think it is a new rule with I140 EAD... Please check this link - https://www.uscis.gov/working-united-states/employment-authorization-compelling-circumstances.
Please do let me know if anything is possible with this. I have already been in US for 9 years now and want to call this my home.
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 10 months ago

Yes, you do have this option, however you would have to prove that you are facing "compelling circumstances" in order to be granted the EAD. You can try to apply and send proof of such circumstances. Keep in mind that the application will still take about 3-4 months to process.

Some example of compelling circumstances are listed as:

  • Serious illness or disability to the worker and/or a dependent family member
  • Employer retaliation
  • the inability to maintain status results in substantial harm to the applicant or family without continued work authorization. For example industry does not exist in the individual’s home county, and that the lack of employment would cause substantial hardship..
  • Significant disruption to the employer (For example, for a worker doing important work for the US or human interest)

I hope this clarifies and I hope you can now kindly leave a positive rating. Best of luck.

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