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USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

2 years ago By Chief Editor

Release Date 

06/14/2023

U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).

For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:

Recording for June 29, 2023 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

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FAQs: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA

Laid off on I-485 AOS AC21

2 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

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AC21, Adjustment of Status laid off related questions, including the following and more:

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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?

Answer:  You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B. 

Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?

Asylum Applicants Can Now File Form I-765 Online

3 years ago By Chief Editor

Release Date 

01/23/2023

U.S. Citizenship and Immigration Services today announced that certain asylum applicants can now file Form I-765, Application for Employment Authorization, online.

Effective immediately, applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online.

Interview at Fairfax

13 years ago By Chief Editor

I had my interview at 1:30 at Fairfax VA. Had printed my family picture at 12:50 on the way to interview it was heavy rain and reached there nick of time. We were called by an African American lady after 5 minutes after giving our oath she asked our ID and then got sign the waiver as our attorney was not with us. she asked question from my I-485 and she was very polite and calm everything was going smooth then she turn to my husband and ask about my date of birth which he forgot for few second and the then told her.

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Recording for February 20, 2025, Conference Call with Rajiv S. Khanna

12 months ago By Chief Editor

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FAQs:

1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?

2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion

3. NIW I-485 rejected: Refiling options and priority date usage?

Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?

11 months ago By Chief Editor
Question details

I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)

 

FAQ Transcript

If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.

Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.

 

USCIS Updates Fees Based on H.R. 1

7 months ago By Chief Editor

USCIS Updates Fees Based on H.R. 1

Release Date 

07/18/2025

U.S. Citizenship and Immigration Services is publishing a federal register notice (FRN) based on the H.R 1 Reconciliation Bill (H.R. 1). Applicants must submit the new fees with benefit requests postmarked on or after July 22, 2025. USCIS will reject any form postmarked on or after Aug. 21, 2025, without the proper fees.  

Recording for June 12, 2025, Conference Call with Rajiv S. Khanna

8 months ago By Chief Editor

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FAQs: Is it legal to take "Paid Time Off" after the end date of EAD as payment for work done earlier?

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