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Posted

60 days rule undi kadha danikanna ekkuva unte em authadi?? velletappudu emanna problem authunda or future lo visa stampings problem authunda? job poyina ventaney employer USCIS ki cheppestada?

Posted

hmm ...

after 60 days u will be out of status ...

that being said ..

USCIS looks for more than 180 days of out of status single continuous stay .. during green card adjudication ... so after 60 days u can stay 180 days ... technically ...

but if any body did this ... i am not sure ...

but this is on technical grounds .... can explain extraneous circumstances like family, mortgage etc to uscis ..

Posted
6 hours ago, Aamphat said:

60 days rule undi kadha danikanna ekkuva unte em authadi?? velletappudu emanna problem authunda or future lo visa stampings problem authunda? job poyina ventaney employer USCIS ki cheppestada?

If you have 140 approval looks like you are eligible for 1 Year ED it seems. talk to a attorney.

Period of Authorized Stay - Compelling Circumstances Employment Authorization Document

Workers who are the beneficiary of an approved employment-based immigrant visa petition (Form I-140) may be eligible for a compelling circumstances EAD for up to one year if they:

  • do not have an immigrant visa available to them in the Department of State’s Visa Bulletin, and
  • face compelling circumstances.

Note: A compelling circumstances EAD is a discretionary stopgap measure intended to assist certain individuals on the path to lawful permanent residence by preventing the need to abruptly leave the United States. Workers who begin working on a compelling circumstances EAD will no longer be maintaining nonimmigrant status but generally will be considered to be in a period of authorized stay and will not accrue unlawful presence in the United States while the EAD is valid. More information about eligibility requirements and the application process can be found on our Employment Authorization in Compelling Circumstances page.

Expedite Criteria

Some circumstances may warrant expedited adjudication, including applications to change status to a dependent status that includes eligibility for employment authorization. For example, an application to change status from H-1B to L-2 may be eligible for expedited adjudication to prevent severe financial loss. See the How to Make an Expedite Request page for additional information.

Departure from the United States

Workers may choose to depart the United States. For H-1B and O workers who chose to depart the United States after involuntary cessation of employment, the reasonable costs of transportation to the worker’s last place of foreign residence must be borne by the H-1B employer or by the O employer and O petitioner, as applicable (See 8 CFR 214.2(h)(4)(iii)(E) and 8 CFR 214.2(o)(16)).

Once abroad, H-1B holders may seek U.S. employment and readmission to the United States for any remaining period of their H-1B status. Those seeking another classification for which they may be eligible can complete the application or petition process abroad and seek readmission to the United States.

The above information is now available on our new Options for Nonimmigrant Workers Following Termination of Employment page.

https://www.uscis.gov/newsroom/alerts/options-for-nonimmigrant-workers-following-termination-of-employment

 

 

  • Upvote 1
Posted
1 hour ago, Abhagyudu said:

@csrcsr pls give your opinion on this..edi pasta rule ee kada..likely no one will qualify I believe 

Yes

Posted
2 hours ago, Abhagyudu said:

@csrcsr pls give your opinion on this..edi pasta rule ee kada..likely no one will qualify I believe 

Qualify ki reasons paste cheyagalavu 👍

Posted
3 hours ago, godfather03 said:

@Spartan ninna 1 year EAD undi annav kada, please post the link here

Eligibility Requirements

You are eligible to apply for an initial EAD under category (c)(35) if you:

  • Are in the United States in E-3, H-1B, H-1B1, O-1, or  L-1 nonimmigrant status, including in any applicable grace period, on the date you file the application for employment authorization;
  • Are the principal beneficiary of an approved Form I-140;
  • Can establish that an immigrant visa is not authorized for issuance to you based on your priority date, preference category, and country of chargeability according to the Final Action Date in effect according to the Department of State’s Visa Bulletin on the date you file your application for employment authorization; and
  • Can demonstrate that compelling circumstances exist that would justify USCIS using its discretion to issue you an independent grant of employment authorization.

If you want to renew an EAD under category (c)(35), please see the Renewing Your Employment Authorization section below.

Your family members may also apply for employment authorization. If approved, the validity period for their EADs may not extend beyond the period authorized for you, the principal beneficiary.

Posted
5 minutes ago, Spartan said:

Eligibility Requirements

You are eligible to apply for an initial EAD under category (c)(35) if you:

  • Are in the United States in E-3, H-1B, H-1B1, O-1, or  L-1 nonimmigrant status, including in any applicable grace period, on the date you file the application for employment authorization;
  • Are the principal beneficiary of an approved Form I-140;
  • Can establish that an immigrant visa is not authorized for issuance to you based on your priority date, preference category, and country of chargeability according to the Final Action Date in effect according to the Department of State’s Visa Bulletin on the date you file your application for employment authorization; and
  • Can demonstrate that compelling circumstances exist that would justify USCIS using its discretion to issue you an independent grant of employment authorization.

If you want to renew an EAD under category (c)(35), please see the Renewing Your Employment Authorization section below.

Your family members may also apply for employment authorization. If approved, the validity period for their EADs may not extend beyond the period authorized for you, the principal beneficiary.

Is this gc ead or any other ead...

Once we take this ead we are eligible for gc or not?

Posted
3 minutes ago, playboys said:

Is this gc ead or any other ead...

Once we take this ead we are eligible for gc or not?

you have to prove the circumstances everytime or switch back to H1 nonlottery needed and u will retain ur PD

Posted
11 minutes ago, VendyHalwa said:

@csrcsr uncle and @Mohini vacation ki vellinaru to hawai cruise lo. @Swatkat @csrcsruncle epudu coming 

 

Intlone sachadu urkine shiw off ki edho ampedha pekesetatu break anadu. E comment kuda chusi paga return vachina tarvtha terchukuntaadu. 

  • Haha 1
Posted
9 hours ago, yoda123 said:

hmm ...

after 60 days u will be out of status ...

that being said ..

USCIS looks for more than 180 days of out of status single continuous stay .. during green card adjudication ... so after 60 days u can stay 180 days ... technically ...

but if any body did this ... i am not sure ...

but this is on technical grounds .... can explain extraneous circumstances like family, mortgage etc to uscis ..

dont mix up 60 with 180 days

180 days applies only when you have file petition before I94 expiry and decision has not been made

60 days is purely for job loss situation which mean petition is valid and I94 is valid, but cancellation was sent by company to US CIS, which US CIS does not acknowledge back for long time

this is more self-deporting rule, as long as one has genuine reason like got a job offer but start date was 30 days away kind of situation that is provable with documents, it is not good to stay beyond 60 days without a job offer

 

  • Upvote 1
Posted
33 minutes ago, Spartan said:

you have to prove the circumstances everytime or switch back to H1 nonlottery needed and u will retain ur PD

yes, it is granted for 1 yr and you need to get back to H1 status, this EAD has nothing to do with GC process other than the fact that you are waiting for you PD to get current and will not get GC EAD based on Filing dates anytime in the next one year

it has time and situation dimensions to it, only fits when family needs critical treatment in US and you need to stay to pay for those treatments is the only CC that i can think of

other one could be, you are a Pulka and Jaffas might kill you if gone back to AP (CC Asylum), 2024 lo Jagan will be out of power and you will be safe to travel ani request cheyachu

above CC Asylum will be perfect for @psycopk annaya but he got his GC it seems

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