If you are on H1B/L1B status with an approved I140 petition, you can apply for a compelling circumstances ead in case of job loss due to the pandemic. https://www.uscis.gov/working-united-states/employment-authorization-compelling-circumstances
is someone dead for not getting H1B
Lol. Is someone dead for missing out on lottery ?
Still not clear on this. Can one come back on H1B? "NOTE: If you receive a compelling circumstances EAD, and begin working based on this EAD, you will no longer be maintaining your nonimmigrant status."
That's a question for an immigration attorney
Meaning you will not be in non-immigrant status and will become immigrant status. Just like the folks who get their EAD before they get their GC.
Is this a new notice ?
Nope, 3 years old.
So lay-off on h1b with i140 can apply EAD? Sorry I may sound little “duh” , just little confused.
Technically yes, but chances of getting an EAD are very less.
Following for some experts to comment.
I personally know someone whose partner died and they applied for this and were rejected. I really hope you have good reason. When this ruling was passed, many protested asking whether the ruling was even worth the cost of paper it was printed on. This rule was originally supposed to support all legal immigrants on the green card backlog. However, as amazing as Obama administration is, they backstabbed legal immigrants and watered it down to extraordinary circumstances. In the regulation, it was mentioned it might help 10s of immigrants every year. It turns out that was an overestimate. It's absolutely funny folks on the backlog still see Obama is a savior compared to trump when his administration was extremely corrupt and backstabbed immigrants who are here legally. 😂😂 Note: backstabbed because Obama promised to give EAD for i140 holders in a white house memo that also gave DACA. Note2: there are videos of companies (ICC) all ganging up against this and lobbying. They got leaked and obviously were caught. Note3: the lobbyist who became white house staffer was responsible for watering down the ruling to make it useless.
Oh no. If death isn’t a good reason what else is?
If I am reading this right, the provision only applies if you are in status i.e. when your current employer applies for extension of your work authorization or a new employer applies for a transfer. Or say, if you apply for a change of status (COS). The provision still DOES NOT apply to the scenario where you are caught out of status, i.e. when you're laid off. Title of your post is misleading
You are in status until 60 days after layoff
...which was always the case. This particular COVID notice on the USCIS page doesn't really talk about it. 🤷♂️
Date says 2017..
Why does someone with approved i140 need EAD? Don't they get unlimited h1b renewals?
Yes. However your renewal petition is treated just like your initial petition and evaluated for both speciality occupation and whether you are qualified. This has been the source of significant increase in RFEs.
Plausible!!