1. EAD I-140 Compelling Circumstances
I am on H-1B with I-140 approved (2014- EB2- India). My wife is facing medical issues and if I qualify, my intent is to apply for I-140 EAD Compelling circumstances. My wife had multiple miscarriages and last year she was hospitalized for 15 days for emergency. This year she had a minor surgery and again put on 100% bed rest by the doctor. Currently I travel 1-1/2 hr each way to my job. We cannot move as she has doctor visits every week. EAD will allow me to find a flexible job near to my house and take care of my wife in this difficult times. Question: 1. Do I qualify for EAD I140 Compelling circumstances. I wish to apply for EAD. I am looking for a competent attorney. 2. My h1b expires August 2019. What is my status on EAD if I have to travel abroad? What about stamping? 3. On EAD I may get any job which allows me to be flexible and close to my house to take care of my wife. What if after 1 year, I do not get an H-1B?
Mr. Lee answers:
Whether you qualify for an EAD based upon compelling circumstances will depend upon the view of U.S.C.I.S. As this is new relief without much of a track record, I could not inform you whether your situation would be seen as compelling circumstances although I suspect that it will be. An individual on the EAD who works for another employer is no longer in valid nonimmigrant status. It does not give travel privileges. For that, you would have to make an application for advance parole, and such could be approved based on urgent humanitarian circumstances or where it would provide a significant public benefit. If you must renew your H-1B after the year of employment authorization under the EAD, you would have to go abroad for non-immigrant visa processing. If you are denied an H-1B petition and are still in the States, you can request an extension of the EAD where there is still compelling need and the visa availability date is far away, or the visa availability date is reachable within one year before or after the visa bulletin final action date. However, if the H-1B petition is approved by U.S.C.I.S. and you are denied a visa when you try to go for visa stamping abroad, you would essentially be stuck overseas unless you are able to overcome the ground(s) of denial.
2. How to Change Tourist Visa to Work Visa?
I am in tourist visa. I came in USA to take care of my son who is a Troy student and extremely injured from car accident in December 15.
I have to stay here for injured victim of car accident. I probably should quit the job in Nepal. I like to apply work visa. Is it possible?
Mr. Lee answers:
Generally speaking, US immigration law does not allow employment authorization for humanitarian situations where there is no other basis for its allowance. If you are eligible for other types of application such as nonimmigrant or immigrant visas that allow an employment authorization or for political asylum, you may be able to obtain an EAD (employment authorization document).
3. Extension of B1/B2 visa
I need more time before I can submit an E2 visa application. My B2 visa will end in early March, I’m looking to extend.
Mr. Lee answers:
It may be possible for you to obtain a B-1 extension or B-1 change of status for the purpose of completing the arrangements for making an investment in the US which would make you eligible for E-2 Treaty investor status. You would generally have to inform U.S.C.I.S. of the progress of your investment and when you can be expected to perfect the investment. In addition, you would have to show evidence of intent to leave the country once your arrangements are concluded.
