Can I apply for the EAD renewal under the compelling circumstances section because without the work

authorization I will loose my job?

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Can I apply for the EAD renewal under the compelling circumstances section because without the work

authorization I will loose my job?

My EAD and I-94 is expiring in 3 months. My H-1 work authorization will start in 5 months, so I have 2 months of gap in between.

Asked on May 17, 2017 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your H-1B may not be approved as a change of status in this  case but may only be approved as a consular notification, which means you would have to go outside the US in any case and obtain a H-1B visa.  You  need to clarify with the attorney who filed your petition whether it would be a change of status or consular.


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