H1B / EAD Compelling Circumstances

[mani2015]

Hi,

I hope this message finds you well. I am currently on an H1B visa and recently faced a layoff from my current company.

I have a few queries regarding my situation:

    1.    What is the duration of my permitted stay in the USA following the layoff from my current employer?

    2.    In the event that a new employer initiates the H1B application process, but the visa approval is PENDING, am I allowed to remain in the country WITHOUT being on the payroll?

    3.    I am considering filing for an Employment Authorization Document (EAD) under compelling circumstances due to my financial responsibilities, such as a mortgage and supporting my school-going child. Would these circumstances qualify me for an EAD application?

    4.    Could you provide an estimation of the processing time required to obtain an EAD under compelling circumstances?

    5.    While an EAD application is pending but NOT yet approved, am I legally allowed to remain in the country?

    6.    If I successfully secure employment with a new sponsor, would this necessitate the termination of the previously filed EAD?

I greatly appreciate your time and assistance in addressing these concerns. Your guidance in this matter would be immensely helpful.

Thank you very much.

[Zodiac System]

You have 60 days after layoff on H1b to find another employer who will transfer your H1b.

If you are not able to find another employer within 60 days, you can change your status (COS) from H1b to H4 or B1/B2, to get extra time and continue with interview process, and then back to H1b (COS) when you have found another employer.

 

Regarding EAD under compelling circumstances, 

This is fixed 1 year EAD without any renewal option.

Also

Applicant cannot change the status back to H1B or any other visa within USA . Need to get stamping and I-94 by leaving the country .

( includes even if you have I-485 becomes current .. need consular processing at overseas consulate )

But it provides some relief for folks who have to wrap everything up.

Every case is different and don’t compare with other folks.  Consult an attorney if you have further questions.

Good Luck