Employment Authorization
Separate Employment Authorization based on an Approved I-140 Due to Compelling Circumstances.
The provision allows certain beneficiaries of an approved I-140 Immigrant Visa Petition in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status to apply for separate employment authorization for a limited period if there are compelling circumstances that, in the discretion of DHS, justify the issuance of employment authorization. Please note some of the particulars:
Please consult an attorney to determine eligibility.
Retaining Priority Date and AC21 I-140 Portability
Limit to Post Six-Year H-1B Extension Benefit
The H-1B beneficiary is ineligible for extension beyond the six-year H-1B limitation, where he/she fails to file for Adjustment of Status or Application for an Immigrant visa within one year of an immigrant visa (e.g. priority date) becoming available based on his or her preference category and country of chargeability. Where the foreign national’s priority date retrogressed during the one-year period, then the foreign national is afforded a new 1-year period when the immigrant visa becomes available again. Such failure is excusable at USCIS’s discretion if the foreign national can establish that the failure to apply for Adjustment of Status or an Immigrant Visa was due to circumstances beyond his/her control.
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