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EAD for Approved I-140 under Compelling Circumstances

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                                                                                                                                                                                                December  17, 2016



Dear Murthy,

RE: Information EAD for Approved I-140 under Compelling Circumstances



I have an active H1B Status with my 1-140 approved with PERM dates in 2012, I came to this country on F1 Visa 2006 and completed my Masters and received a H1B under my current Employer.


I have listed an excerpt below from this new law with the effective date Jan 17, 2017. I believe I qualify under this new ruling as written below (Serious illness or disability to the worker and/or a dependent family member  &"Employer retaliation, such as where a dispute arises with one's employer who is engaged in illegal activity.."). I have documented the evidence that supports my allegations.

  •           I am going through disputes with my employer who is engaged in illegal activities by running payroll on my SSN and depositing fund into someone else bank account during 8 months of my say in India, my W2 Form and Bank Acct payroll deposit do not match.
  • -        Having a new born baby in the United States, I am skeptical about my Pre-Tax Employer insurance $1000 monthly which I pay indirectly from the Project amount after his cut, I cannot buy a medical insurance outside cause inconsistent W2 cause of above reason.
  • -        There are very little Corp2corp requirements for Project coming my way when compared to W2 as per my profile, neither it’s easy for me to find FP&A jobs in India .

If I take this route of One-year EAD with Loss of Non-Immigrant Status upon EAD(requires Consular Processing for Status Adjustment), would I end up leaving the US with my family after 1 year of EAD.

Please provide your suggestion on this.

Kindest Regards,






Overview of Final Regulation for High Skilled Workers

I-140 EAD Rule for “Compelling Circumstances”

The I-140 EAD portion of the final rule is substantially similar to the proposed version of the rule, which was detailed in the MurthyDotCom NewsBrief I-140 EAD Proposal is Limited and Restrictive (08.Jan.2016). In order to qualify for a one-year EAD, the foreign national must (1) be in E-3, H1B, H1B1, O-1, or L-1 status, (2) be the principal beneficiary of an approved I-140, (3) establish that an immigrant visa is not available on the date the application is filed, and (4) demonstrate “compelling circumstances” that justify an independent grant of employment authorization. Family members of foreign nationals who qualify under these provisions may also apply for an EAD.

Edited by vkuma2

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You will not need to exit the country after one year. You will have to file for an extension of EAD and there are 3 conditions for that. The 1 i know of is if you Green Card Final Action date is still pending then they will give you an extension.

I have no idea about AP and travel possibilities on 140-EAD. From the rule it says it is up to the discretion of the person processing your case.

Good Luck. 


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