Is I-140 approval required for EAD?
Yes, USCIS permits the concurrent filing of a Form I-140 and Form I-485, adjustment of status application. The concurrent filing rule allows USCIS to issue an Employment Authorization Document (EAD) and advance parole travel authorization while the I-140 petition is pending, if filed along with the I-485.
What is compelling circumstance?
If the applicant can show that he or she or a dependent is facing a “serious illness or disability” that would require moving to a different geographic area for treatment or that would otherwise substantially change his or her employment circumstances, the applicant may be able to establish “compelling circumstances.”
How long does it take to get EAD after I 485?
approximately 12-16 weeks
You’ll receive your EAD card approximately 12-16 weeks after filing Form I-485.
What are compelling personal reasons?
Compelling Personal Reasons (CPR) A student may have to suspend / withdraw or change their course for many reasons. If the reasons are unforeseen or due to a personal situation this is known as ‘Compelling Personal Reasons’ (CPR) for student funding purposes.
What happens if you receive a compelling circumstances EAD?
NOTE: If you receive a compelling circumstances EAD, and begin working based on this EAD, you will no longer be maintaining your nonimmigrant status. However, you generally will not accrue unlawful presence in the U.S. while the EAD is valid or, if you filed a non-frivolous application on time, while your application is pending.
How long can you work with USCIS if you have an EAD?
If we approve your Form I-765 for an EAD under compelling circumstances, we will grant your employment authorization for one year. You are only authorized to work through the expiration date on your EAD.
How to prove compelling circumstances for Employment Authorization?
A national identity document with photo. Other evidence showing the priority date assigned to an approved Form I-140 filed for you. That compelling circumstances exist that justify USCIS using its discretion to issue you an independent grant of employment authorization. Other evidence that demonstrates you are experiencing compelling circumstances.
When to issue an employment authorization ( EAD )?
USCIS may grant employment authorization and issue an Employment Authorization Document (EAD) in these two categories for up to one year if we determine that there are compelling circumstances that justify issuing employment authorization.
Is the I-140 EAD rule based on compelling circumstances?
Unfortunately, the I-140 EAD rule proved to be far less versatile than what had been hoped for, available only in limited circumstances as a stop-gap measure based on “compelling circumstances.” Now, during the COVID-19 pandemic, however, the I-140 EAD rule may have become a viable option to a larger group of foreign nationals.
How to get an EAD Based on compelling circumstances?
And finally, the applicant must convince the U.S. Citizenship and Immigration Services (USCIS) that it should exercise its discretion to issue the EAD based on the applicant’s compelling circumstances.
When to apply for Employment Authorization in compelling circumstances?
Category (c)(35) is for principal beneficiaries of approved Form I-140s who are in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status and are applying for an initial grant of employment authorization based on “compelling circumstances”, or a renewal of such authorization.
What do I need to file Form I-140?
Evidence of books or articles in scholarly journals with international circulation in the same field. Include copies of the cover page of such article, chapter or book. Should have placed one advertisement in a national professional journal. Has to prove that the foreign national employee is more qualified than US applicants.