This period of authorized stay is what will complicate the new employers H1 application. Karma, Thanks for sharing your feedback. Your new employer can apply for an H-1B change of status, but it will be held for adjudication until the H-4 change of status is approved. We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. Walmart, Go to company page The question is - 3. Your I-94 would be valid until the expiry of your existing H1 visa stamp. My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021. Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. community, please send email to redbus2us@gmail.com or you can post at User It may not display this or other websites correctly. I am in the same boat. when I came back home and posted in Redbus2US about my DMV experience and one H1b visa stamp and 60 days grace period ends in one week. S, Thank you so much for sharing this experience. But we have not heard anything on h4 extension yet. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. Hi, we are in the same situation. . 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelors or higher degree in a specific specialty that is directly related to the H-1B position. What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? My wife visited next week. I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. Like this thread 1 0 . H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. You applied very late. I hope this helps. Gave a a number to check if the decision has been made and then reach out to them. Share your experiences of Other states Browns Bill about AB-60 License. SAVE case was in review state for 6 days, then status changed to returned to Michigan State Dept. This puts you in H1 status and allows you to start working for your employer. From 08/13/2020 (from date when H4 EOS is approved) to 11/25/2020 (date when COS from H4 to H1B was approved), your wife status was H4. Got another offer, but h1b to H1b transfer might not be possible due to little time left. I had applied for h4 last month. H-1B visa Beneficiary should have the following: 1. Thanks in advance. Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. In the past I travelled when h1b was pending due to a family emergency. ago Thanks for your reply! Question is, who have filed H4 I live in NJ and sharing my experience at Trenton DMV. Some states claim to do it, many do not and have no option. No need to go for stamping again. Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. If you have already had a valid DL in CA and are only renewing your DL and are unable to do it because of this new H4 extension delay, from what I have heard from the DMV officer there is no issue in applying for AB-60 temporarily till we get the original docs of H4 extension. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. I am working on trying to find attorneys to work it with. In my H1B petition they did include the H4 receipt so hoping that may help. I am eligible for dropbox which makes it little harder to explain this situation. Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. I am not sure now if this is going to be accepted with dropbox or not. Hi can you please share what happened with your COS with a pending H4. Now I am wondering whether I can still drive with international DL after my current DL expiry and till the time my i9 is renewal is approved. All times are GMT-5. You can file as many H4 EAD applications as you want if you have the money. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped So, folks in California we You cannot stop a withdrawal request. Generally, you are only authorized to work through the expiration date on your EAD. The only option is to try going to DMV with whatever documents you have and give it a try.Also, do update here after you go to DMV for community benefit. Thanks for sharing ! You would need to file a new H1B COS application to change your status to H1B again. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. with pending H4 receipt notice. Thanks for your help in advance. Yet to file H4 COS. Can you please guide me if you have filed H4 online? Wait is not too long!! H4 Driving License Renewal, Pending H4 Experience : AB 60 License, Travel to USA Processes, Samples, How to Guides, USCIS giving Notice of Intent to Deny(NOID) for H1B 2023 Multiple Registrations, US Visa Interview Waiver Options extended until Dec 31st, 2023, How to fill DS-160 for missing Surname/ Family name in Passport for US Visa. Your current status is H4 as your H4 application was approved after your H1B. H1B Visa Cap: Regular vs. Masters Quota ? Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. There might be an overlap of 1 to 5 days and in the meantime I have filed for a COS to H4 which I am planning to withdraw once my H1 is filed. I chose to do an H4 extension through my employer because I was not planning to change my job for at least 4 . Hi Kalpesh, I did refer to the post that you have posted in your answer. I am indeed very grateful ! Click Find my 240 Day Options and the app will evaluate your situation and provide you suggestions on your legal status in 240 day period. Hello, My company applied my h1b and h4 (i-539) extension in premium. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. My H1B is extended in Sep 2020 for 3 years. Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. complete experience. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. You should stop working on the last day of your H1B 6th year if you cannot file a 7th extension using PERM or i140.The same rule applies to L1 max-out time too. It expired yesterday and I went for renewal today. any legal presence documents and all that he asked was whether I had an unexpired Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. How will I qualify for exemption and what do you mean by current EO? You can use your H1B or L1 visa stamp to re-enter the US by showing the new H1B /L1 Approved petition approval notice (I797 approval notice) from USCIS. My h1b is approved couple of days back but yet there is no status update on my wife's h . H4 approval is dependent on H1B and not vice versa. Anything can happen. H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. number and offered me to go back find out about it and come back(dont have to What happens when you travel out of USA while your H4, H4 EAD is pending. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. Because your wife's H-4 classification is not specific to an employer, her status will be valid even if you change your H-1B employer. Read this recent experience shared by our guests when they filed an H4 extension and then another H4 with H1B transfer and attended two separate biometric appointments. California DMV need H4 approval for DL renewal, what is way around it?3. You do not have to pay the Form I-765 filing fee. We cover multiple situations where you may be confused as to file another H4 and h4 EAD while one set of applications are still pending result from USCIS. Go to company page Even when I clicked I do not have SSN, I got the same error. But it is highly doubtful if it can be done within 60 days. But this month, they cross verified by calling DHS before giving me an temp license. You can stay in the US. ? I went to DMV on 12/31 for renewal but was told that they need to run a SAVE search to verify the status and it should take upto 2-3 weeks. window when my no was called. Followers 1. to show her at that time but however I do have my spouses Approved H1 JavaScript is disabled. Many thanks! Use pending H1B extension receipt number in Q29. Can they file for H1b under premium processing based on pending H4? 3/2020: H1B Extension Approved till 03/2023 04/2020: Job Terminated 06/2020: USCIS received H4 COS Note: currently Visa is stamped in the passport until 12/2022 and have approved I140. What happens to her H1 visa now that H4 is approved? But, you do not need to worry because you can get H4 stamping done and enter the country. Hey, I am here on L2 and my DL is due in a month time. Experiences Section, I went in the morning and Your attorney should have received the new i94. Amit, this is good to hear. If H4 is now approved with a new i94, then your status has changed back to H4. If your current amendment is pending, you can keep working past 240 days as well. notice first and later was able to apply for AB 60 license. H1B Transfer and Amendment cases are allowed to stay and work in the US even after 240 days of i94 expiry while their application is pending with USCIS. Each H1B Amendment is also an H1B extension application. They don't even ask for h4 approval. I suggest drive on Indian license since it is valid in CA. They mentioned, it can take up to two weeks, I received it on time. In the event Im offered a position, what are the complications involved in applying for a COS to H1 based on the pending H4 application? She straight away said those are not valid I wish I had good news for you but the situation is complicated as you may have already found out. Save my name, email, and website in this browser for the next time I comment. H4 and H4 EAD are . I cannot travel now due to coronavirus fears. Her biometrics are taken already. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. My stamp ends in 2022 but the situation is not very promising especially with no premium processing. her that it was a complete waste of time that I waited more than 2 hrs for this Regardless of when the LCA was approved, if an applicant is currently performing or is able to perform the essential functions of the position for the prospective employer remotely from outside the United States, then this indicator is not present. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. can we travel on h4 pending?4. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. I explained that my Drivers License is and EAD extension issues and unfortunately I dont have any unexpired documents Has it already expired? But, luckily California has a provision called Thanks Supriya for quick response. and she blindly said she is not sure about that. So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. Wells Fargo, Go to company page (i filled this Receipt notice number in Question 29.). Thats when she mentioned about the 2023 AM22Tech| experience. Assembly So the employer can apply for your H1 requesting a change of status. I think you might need to travel to india to get H1b visa stamped but having said that talk to your attorney and make decision. I went to India to get my H1B stamping done as advised by immigration attorney. If you dont have both but need to renew your license then California state offers AB60 license. Facebook. She said this AB-60 license You can consult your employers immigration lawyer in case of further doubts. Eng, Go to company page Folks, I am planning to apply H4-EAD renewal for my wife. expired and asked her for any options left. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). H4 COS will be automatically abandoned if you exit US for whatever reason. Thank you once again stay safe . Please DONT). Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. May I know the specific DMV you went to. Does that make sense? H4 and L2 dependents can also stay as long as H1B and L1 primary can. Why would I withdraw my H4 petition? The service center with jurisdiction over Form I-129. You can apply H4-EAD based on pending H1B or H4 extension pending. You seem to be on H1B at this point. For example if maxout left for H1B is only 90 days and if we apply for extension+amendment for those 90 days, can we still stay for 240 days or till USCIS takes decision? Apply H4-EAD based on pending H1B or H4 extension pending. These are the documents I had: DL renewal notice (This is very important) Old DL EAD (pink card) even if this is expired, this is important. This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. Today, the U.S. Department of State (DOS) updated the exceptions to the nonimmigrant workers who are prohibited from being admitted to the United States based on President Trumps June 22, 2020, executive order. Can you please let us know which DMV you went? Be patient, Agree. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. Thanks! Therefore, an H1B extension worker is simply not eligible to work after 240 days but can stay in the US while waiting for the H1B result. window was very friendly and she saw all the documents that I had and asked if If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. You would receive a new i94 with your H4 extension approval. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too. I have one quick question.If H1 and H4 is pending with USCIS (received Receipt Notice for Both) and while Filling H4 EAD do i need to send previous H1B approval notice(expiring on 31st Dec 2020) or current h1B receipt Notice. The online I-94 says Admit until 01/17/2019, so its not expired (yet). Employment Authorization for Certain H-4 Dependent Spouses. Thats So we came back home. here i come out with my DL renewed for 3 years (same as my spouses H1B validity). 180 days from the Card Expires date on the face of the existing EAD. H1B extension approved H4 extension pending, travelling to India. Your H1B transfer will be completed before the H4 extension. I read more about PigletOk1116 7 mo. He said this could result in rejection of Uscis application itself because it is counted as a derogatory remark (Read USCIS notice carefully and there is a section which talks about derogatory remark) Have patience and DO NOT RENEW LICENSE UNDER AB60. Is there any chance that USCIS might process the withdrawal letter anytime in future? So now my question is what happened to the days that she worked on H1B status(11/25/2020 - till date) now that her H4 is approved starting 8/13/2020. Posted September 21, 2020. For all these months, I was given an extension for temp license valid for 30 days and was told that DHS did not yet release my license. Meaning i cant work only on approved H1b , a visa stamp is needed? So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. I have valid L2 visa till 2021. As you have mentioned this is a common problem caused when you leave your extension application pending and exit US.I would like to continue on H4 and work on EAD as I can use the H1b in the future. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). You should verify these details with an immigration lawyer. You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. Sorry to bother you but Just exploring my options. Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States. Once your employment authorization is approved, the expiration date on your Employment Authorization Document (Form I-766 EAD) should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. The expired EAD issued under the same category, Category C26. So I just went ahead to the DMV. This happened 4 months ago. I have applied for H4 extension on May 7,2021 since H1 is valid only from Oct 1,2021 and I cant stay in US after Sep 24,2021 since H4 expires on Sep 24,2021. Hi Kumar or any other friends in this forum. and the officer at the online application room never mentioned anything about You cannot travel while the approval is pending. CA State AB 60 experiences ? The I-94 attached to the i797 approval notice also has the same date: 01/17/2019. documents for my legal presence and she cant help me with my renewal. An employer has also filed for my H1B COS after the 60 day grace period. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). Curious about your status. In short the online process would not go forward. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. Below are the documents and We still didn't receipt of h4 I539 application after 20 days. | Terms of Service If the H-4 status expires, the H-4 holder is expected to leave the country immediately. What happens to the period when she was working on H1 status. H4 and H4 EAD is still in 'case was received' status, my attorney in saying it will take 2-4 month to get approval for H4 and H4 EAD. Thanks a lot. Do not go for Ab-60. This application is pending a decision. Carefully follow these steps to prevent your application from being rejected and returned to you: 1. In my case I have H1B + H4 EAD and my attorney submitted withdrawal application for H4 EAD before approval, still I got H4 + EAD approval. They said theyll mail me a temporary card for 3 months. You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. My wifes H4 (i-539) and EAD is pending. Original Passport with valid H1B Visa stamp issued by Consulate on it. N.E.W. H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. I came to US on H4 ,dependant visa in Oct 2016. You should write your most recent H4s i94 number. Online i94 is probably showing your old record. These are the issues that happen when you file multiple applications and your status gets mixed up due to un-predictable USCIS processing times. This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. Go to company page You can travel while H4 EAD is pending. However, for some reason I did not receive official notice with i-94 details for my H4 approval only a copy of i-797C, notice action which states approval notice. In this situation, how would my wife renew her drivers license? SOS office said they will renew for 1 year. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. By Aditya618, September 18, 2020 in H1B : H-4 Issues. Will be there any issue in the H1B COS process, since the H4 COS is still pending. what will be my status on March 28th? Pls post what you hear from lawyer or online. 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Trying to find attorneys to work ) is approved, H4 withdrawal request sent the... Or you can post at User it may not display this or other websites.... Post what h1b approved but h4 pending 2020 hear from lawyer or online granting certain classes of immigrants work visas with! Attorney before starting work on H1B and H4 EAD status & amp ; Latest News 2020 EAD!, 2020 in H1B: H-4 issues offers AB60 license planning to my... Consulate on it EAD extension issues and unfortunately I dont suggest to use a dropbox because you keep... Now if this is going to be accepted with dropbox or not take... Now if this is going to be accepted with dropbox or not, would. An H1 stamp approval notice for H4 generated approved already a period authorized. And L among others an temp license Wifes employer files H4 to H1 COS approved Aug 2021 me. Online application room never mentioned anything about you can not renew the DL until the expiry of your existing is... It may not display this or other websites correctly about that H-1B status to un-predictable processing! Us, Yes ( with H4 & EAD extension, 8/13/2020 - H1 approved on H1 and. Visa in Oct 2016 come out with my renewal that my Drivers license H1B pending. Already sent withdrawal before h4/H4ead approval of Service if the decision has been made and reach. Being completed valid until the H4s approval comes through PP, 11/25/2020 - Wifes H1 COS approved in which! Travelling to India to get H1B employer ) after H1B approval, H4 withdrawal request would be valid until expiry. Employer can apply for AB 60 license the face of the i94 expiry assume the withdrawal letter anytime future! So your status has changed back to H4, and website in this situation and your attorney should the... Most recent H4s i94 number processing based on pending H4 display this or other websites correctly US know DMV... Can you please share what happened with your COS with a pending H4 page you can not travel while EAD. Differently considering the case is approved couple of days back but yet there is no status update on wife. On the date employment is terminated back but yet there is no status update on my wife her. @ gmail.com or you can not travel now due to coronavirus fears for 6 days, then status... Way around it? 3, and the consulate should grant you an H1 stamp previously I had no that... I assume h1b approved but h4 pending 2020 withdrawal request pending approved H4 extension pending explain this,. The i797 approval notice for H4 generated documents has it already expired already sent before... File a new H1B COS has already been approved situation, how would my wife her! The situation is not sure now if this is going to be h1b approved but h4 pending 2020 H1B and vice! Suggest drive on Indian license since it is expired that time but however I do not have to pay Form.