Compelling Circumstance EAD

[Sam Sara]

I was looking for some advise on changing employers based on compelling circumstances. I have been on Long Term Disability for the last 3.5 years working part time 20 hours per week. Currently I am on a Medical Leave of Absence working part time about 20-30 hours per week.

I have an amendment on my H1B for the part time status. I am considering moving to another state for warmer weather and get back to working full time with reduced job duties. I have an offer from a new employer but they have not applied for H1B and GC for any employee before. They are not promising anything for now and will make decision based on the additional obligations these applications may bring on the organisation.  

- Can I get an EAD based on the compelling circumstances clause.

- Can I keep renewing the EAD based on compelling circumstances even though I start working full time with the new employer. 

- If the new employer does not apply for H1B and GC even after a year or two years, can I then move to another company that will apply for my H1B and GC. Will I be able to retain my current priority date even though I may have gaps without H1B and GC under process.  

- If EAD on compelling circumstances is not an advisable option, can I work with any employer that will process the H1B transfer but will not process my GC. Can I keep extending H1B based on my current I140 approval? i.e. How can I continue working based on my current I-140 approval and without the GC processing by the new employer. 

Thank You. 

[Sam Sara]

Hello JoeF / Pontevecchio,

Please advise if one should continue to be on H1B or apply for an EAD based on the grounds of compelling Circumstances. 

Thank you. 

[pontevecchio]

I would think that your matter is a bit complicated and You should probably involve a lawyer in the matter.