H1B to EAD

[Prasanta Undisclosed]

On 7th year of H1B. Have I-140 approved from many years (2018). Can I apply for EAD? If yes, what are the advantages? If no, why one shouldn't or cannot go for this option. Goal is to get outside of H1B as many employers dont sponsor visas. Also, what would happen to dependents in both cases (me remaining on H1B vs EAD)  such as spouse and child who is nearing age 19.

Edited October 31, 2023 by Prasanta Undisclosed
correction of a sentence

[Attorney_22]

1 hour ago, Prasanta Undisclosed said:

On 7th year of H1B. Have I-140 approved from many years (2018). Can I apply for EAD? If yes, what are the advantages? If no, why one shouldn't or cannot go for this option. Goal is to get outside of H1B as many employers dont sponsor visas. Also, what would happen to dependents in both cases (me remaining on H1B vs EAD)  such as spouse and child who is nearing age 19.

You should speak directly with a U.S. immigration attorney before deciding your course of action, but a few things to keep in mind: the compelling circumstances EAD requires the applicant to have a compelling circumstance that prevents them from being able to maintain their nonimmigrant work authorization, it is discretionary, and USCIS will decide if the basis is sufficiently compelling. It also is not status, when obtained and used it placed the person in a period of authorized stay. Dependents would also need to apply since they will no longer be in H4 status, if a principal H1B decides to use the compelling circumstances EAD.