Expedite AP for work reason - catch 22?

[HSJH 11]

I am a bit confused here - this maybe a dumb question - as I am on a hiatus while waiting for my AP/EAD to get approved. I work as a consultant with clients in Asia - I was told it's not recommended to work until I get the EAD - but I will have a huge deadline by Nov 1 and hope to be able to start working again (and travel back to Asia) in October. We filed in July 2017 - I know we are cutting it close.. 

 

So we are considering to file for an expedite request... BUT 

 

How could USCIS consider an expedite request based on work reason, if you are not allow to work before you receive the EAD? 

- Employment purposes, such as overseas assignments, interviews, conferences, training, or meetings with clients - 

[Boiler 45,525]

You only need EAD to work in the US.

[GreatDane 366]

USCIS requires specific standards in the expedite. You might be able to use severe financial loss if you have a standing job offer or contract with a company abroad that requires both work authorization and travel approval.

 

In order to request an expedite the individual must meet one of the following criteria:

*Severe financial loss to company or individual;
*Extreme emergent situation;
*Humanitarian situation;
*Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States;
*U.S. Department of Defense or national interest situation (Note: Request must come from an official U.S. Government entity and state that delay will be detrimental to our Government);
*USCIS error; or
*Compelling interest of USCIS.

[Chelleyandaaron 528]

I am quite sure that I read somewhere that you are not legally allowed to work anywhere (in the US OR overseas) whilst waiting for EAD.  I have no idea where I read it but this is why I haven't been freelancing since I got here.  See if google has some answers just to be safe.

[HSJH 11]

Just now, Chelleyandaaron said:

I am quite sure that I read somewhere that you are not legally allowed to work anywhere (in the US OR overseas) whilst waiting for EAD.  I have no idea where I read it but this is why I haven't been freelancing since I got here.  See if google has some answers just to be safe.

I did a ton of research on it and that's what I thought as well. I am in the same situation and hence 'taking a break' - just to be safe - but the 'vacation' is getting a bit lengthy and I am getting antsy.. 

[geowrian 22,337]

I think you're referring to working remotely from within the US, which is a gray area. Working while physically outside the US is allowed fine.

[HSJH 11]

Just now, geowrian said:

I think you're referring to working remotely from within the US, which is a gray area. Working while physically outside the US is allowed fine.

that's good to know - thanks! I just called and filed for an expedite request - no wait on USCIS line and the csr was nice and efficient - double like! should hear back in 5 days. fingers crossed! 

[Suss&Camm 2,213]

You'll still need your AP approved before leaving too. When in July did you file? It might be more credible that you'll get the AP approval nearing November. You requested AP expedite too?

[Boiler 45,525]

You could read one of the hundreds of posts on VJ where it has been discussed..

[Suss&Camm 2,213]

I retract one of my questions - Sometimes it's good to also read the title of a post 

[HSJH 11]

19 minutes ago, Suss&Camm said:

I retract one of my questions - Sometimes it's good to also read the title of a post 

haha no worries - I should've been more clear. We filed it on July 12 and they received it on July 17. 

Edited September 14, 2017 by HSJH

[mallafri76 1,012]

I seriously doubt you'll get an expedite because you need to work. If work was important, you should have gone the CR-1 route, where you can work and leave the US the second you've cleared CBP. But, it never hurts to try. 

[f f 725]

it may get hard down the line to show us residency if you have a foreign employer that you have to travel overseas to work for.

[GabiMatch 161]

Beside emergencies I just think that expedite EAD is not fair at all, every person waiting for it is suffering for not been able to work, and each person that expedite EAD, makes someone that applied before them go behind on the line. Having empathy made me not to expedite my EAD because I know that there are people waiting for it longer than me, I said to the person who wanted me to work for him that I would give him a call as soon as I got my EAD.

Good luck!

[Boiler 45,525]

If in doubt....

 

 

EXPEDITE!