H1B i140 to GC due to Sick Kid


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I am on H1B and have my i140 approved. I had a baby last year here in US and she was diagnosed with a rare heart defect and had to go through two emergency open heart surgery. She is still recovering and has severely depressed heart function with average of 7-8 therapies during weekdays. 

Sometimes i feel like taking a break of unpaid leave and caring for her but being on H1B makes it hard. Is there any chance that there is a way to get GC faster in such critical health situations?


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Sorry to hear that! Wish your baby gets well soon. But you should immediately consult an immigration lawyer like Dygreencard. Yet I can offer some information that might be helpful.

  • If your I-140 is approved, you may be eligible to port to a new employer using AC21 portability rules. This could potentially allow you to change jobs while retaining your priority date.
  • If your spouse is in H-4 status, they may be eligible for an Employment Authorization Document (EAD) under certain conditions. This could provide you with more flexibility regarding employment.
  • In certain cases, you might explore the possibility of applying for an Employment Authorization Document (EAD) based on severe economic hardship due to your child's medical condition. This would allow you to work for any employer.
  • In extreme cases, you may consider applying for humanitarian parole, which allows someone to enter or remain in the United States due to compelling emergencies.
  • I will also suggest you speak with your employer about your situation. Some employers may be willing to support you during challenging times, and they might be able to guide potential options.

Most importantly what I would suggest is to consult with an immigration attorney to explore the best course of action based on your circumstances.

Wish your kid gets better.

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