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Attorney_22

I-140 COMPELLING CIRCUMSTANCES EAD

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This week, Murthy Law Firm attorneys will answer questions regarding the I-140 compelling circumstances EAD.  

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

 

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Is following individual eligible for EAD under compelling circumstances after approved I140

Just separated from the firm which filed I140

5 YEAR OLD kid with long term disability who is US citizen 

Individual Indian citizen

Wife isnt indian citizen

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6 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding the I-140 compelling circumstances EAD.  

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

 

Hello Attorney,

Thanks for providing a forum to spread the vital required information.

Would be helpful if you could clarify the following:
1) If I-140 EAD could be applied when my priority date is 1 year away(EB 2 India) and I am awaiting for the current date indefinitely.

2) Is there a time limit to be on I-140 EAD without job.

3) Can i change job while in I-140 EAD? And does the new employer need to apply for PERM/I-140 process again in order to have valid I-140 EAD.

Appreciate your clarification.

Thanks

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Can we apply I-140 compelling circumstances EAD based on child's disability?

Child is 3 yrs old and has rare neurological disorder and due to that H1b visa holder and h4 spouse is going through extreme hardship.

Thanks

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Changing to new employer on H1 with I140 approved for more than 2 years will have any effect on my spouse H4 EAD. H4 EAD will valid till july 2021??

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On 7/23/2020 at 9:26 PM, jppatel37 said:

Is following individual eligible for EAD under compelling circumstances after approved I140

Just separated from the firm which filed I140

5 YEAR OLD kid with long term disability who is US citizen 

Individual Indian citizen

Wife isnt indian citizen

This situation may fit the basis for the compelling circumstance EAD. However, it is advisable to discuss the option in detail over the phone with one of our attorneys before deciding to proceed. 

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On 7/23/2020 at 9:53 PM, Prabhu Ravi said:

Hello Attorney,

Thanks for providing a forum to spread the vital required information.

Would be helpful if you could clarify the following:
1) If I-140 EAD could be applied when my priority date is 1 year away(EB 2 India) and I am awaiting for the current date indefinitely.

2) Is there a time limit to be on I-140 EAD without job.

3) Can i change job while in I-140 EAD? And does the new employer need to apply for PERM/I-140 process again in order to have valid I-140 EAD.

Appreciate your clarification.

Thanks

1. There is not a requirement regarding how far off a priority date must be to request this type of EAD. 

2. No. 

3. Yes, you can change jobs. However, depending on your particular circumstances you may need a new PERM and I-140, but not in every instance. 

It is best to discuss the specifics with one of our attorneys. 

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On 7/24/2020 at 10:10 AM, Zodiac System said:

Is it a good idea to apply for I-140 in premium processing?

 

Depends on your circumstances. 

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On 7/24/2020 at 3:29 PM, Gurdutt said:

Can we apply I-140 compelling circumstances EAD based on child's disability?

Child is 3 yrs old and has rare neurological disorder and due to that H1b visa holder and h4 spouse is going through extreme hardship.

Thanks

Yes, it is possible. You need to describe why the compelling circumstance prevents the H1B holder from maintaining their status. 

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13 hours ago, ervbs said:

Changing to new employer on H1 with I140 approved for more than 2 years will have any effect on my spouse H4 EAD. H4 EAD will valid till july 2021??

Off topic, but, the H4 EAD is tied to the individual maintaining H4 status, and the principal maintaining H1B status. The H4 is not employer-specific, only, status-specific. 

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