US Visa: Adjustment of status, work authorization and Layoff

[theratulz 0]

I'm in an extremely weird situation and I don't know what to do. I'm posting here as my last resort and would appreciate any input you may have.

 

 

1. I'm on H1B visa.

2. My spouse is a US citizen

3. I have an approved I-130 and my I-485 adjustment status have been submitted a few days ago. I'm yet to receive the receipt or receipt number.

4. I did not submit a work authorization (i-765) because I was under the impression I need the I-485 receipt number for that form. Turns out, I was wrong and I could've submitted the I-765 with my I-485. No point in sulking about it. So I'm waiting for I-485 receipt and I will file I-765 separately as soon as I receive the receipt.

5. Couple of days ago, my company was bought out and a bunch of us lost their jobs.

6. I know I have 60 days grace period before I'm not on H1B anymore.

7. I'm getting a lot of job interviews and I really need to start as soon as possible.

8. For I-765, which eligibility category should I choose, now that I'm filing for work authorization separately? If I read it correctly, it's either (c)(9) or (c)(36).

Under the circumstances, what can I do? What are my courses of action?

[Villanelle 4,122]

Category c36 is a not very common (on VJ at least) category for getting an EAD. Here is some general info about it for those who may not be familiar- Employment Auth in Compelling circumstances:

https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/employment-authorization-in-compelling-circumstances

"This temporary employment authorization may be provided to certain nonimmigrants who are the beneficiaries of approved employment-based immigrant visa petitions, and who are caught in the continually expanding backlogs for immigrant visas and face compelling circumstances. This stopgap measure is intended to address certain particularly difficult situations, including those that previously may have forced individuals on the path to lawful permanent residence to abruptly stop working and leave the United States. Read the final rule that we issued on Nov. 18, 2016, for more information.

• Category (c)(35) is for principal beneficiaries of approved Form I-140s who are in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status and are applying for an initial grant of employment authorization based on “compelling circumstances”, or a renewal of such authorization.
• Category (c)(36) is for qualifying dependent spouses and children of a principal beneficiary granted employment authorization under category (c)(35)."

Personally I dont see how you would qualify for c36? You said your spouse is a USC. I suppose you would be c35 as the principal- but regardless I would avoid the category and simply pursue the EAD through your spouse based AOS package.

 

As you know its unfortunate you didnt file the 765 in your package but you have the right attitude about moving forward and not dwelling on it. I wish you the best of luck in getting all this resolve in a speedy fashion- and it is possible. Once you get the NOA for the 485 you can submit the 765 and ask for it to be expedited. Often getting an expedite approved depends on your luck but a lot of it can depend on how aggressive you are in pursuing it.

 

So lets look at what you need and what you may need to do- First you need the NOA for the 485. Then you can file the 765 and ask for it to be expedited. . The 765 requires biometrics (but you may have biometrics on file). If you dont have biometrics they can use you also need to ask for the biometrics to be expedited. You also need proof of a job offer (best evidence) or alternately you can submit proof of financial hardship (basically outlining you expenses and unexpected job loss). 

 

In general there are various ways to request an expedite. You can use the online system, the phone center, infopass (not available now), or your congressperson. I always recommend using the congressperson because it gives you an actual person (your congressman) as a point of contact. When you use the phone system or online system- basically the rep or system will take your info and then you sit in the dark waiting for a response back. Its impossible to follow up with anyone. Typically you ask for the expedite and then wait for them to give you a fax number to send it to. Then you just wait for a response.  If biometrics are needed your expedite process will most likely get stuck (or end) with the system saying biometrics are needed so its denied. You then have to try to navigate getting a biometrics appt and your expedite looked at again or asking for it again. Of course everyones experience is different- some people are lucky and their case ends up with Officers that are extra helpful and do what needs to be done but what I outlined above is the worst case scenario and unfortunately the most likely. f the congressman gets biometrics needed as a response back they can respond with asking for a biometrics appt to be scheduled. Using your congressman is FREE so again I 100% believe its the best way to seek an expedite if you are able to use it. 

 

Also please note you can file your initial 765 as an expedite. You do not have to file it and wait for the NOA to ask for an expedite. You will most likely run into a variety of problems attempting to file an initial 765 as an expedite through the phone center so again I encourage you to do this through your congressman.