. Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval. In your case, you can get back in H1 status via two ways: Got it. The total cost to file for an H4 EAD extension is $455. If the H4 application is pending, you are in a period of authorized stay, which is not a legal status, but it does allow you stay in the country while they work on adjudicating the H4 application. New, Last week my H1 got approved in PP till 2022. If you have a valid H1 stamp, you can explore this option. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. It appears that your employer may not file your H1 application prior to the expiry of the 60 day deadline (starting from March 1 in your case). We went to the DMV after reading this post and the officer there advised us NOT to apply because it is recorded as undocumented individual in their system and then this information is shared with ICE. If you qualify for automatic extension of your current employment authorization and EAD, the automatic extension will continue until whichever comes first: When applicable, acceptable evidence of your automatic extension of employment authorization that may be presented to employers for Form I-9 purposes includes the following combination of documents: Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. Follow the Form I-485 filing instructions to avoid processing delays. My wife visited next week. Since H4 I-539 takes long time, the company has now requested H1B approval under consular processing, which likely will be approved. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. It depends on USCIS officer to abandon your pending H4 extension in US or not based on when they receive your exit information in their system. Note that H4 will only be approved after the H1B is approved though. H4 is pending and H1B approved. Denial of the visa pursuant to P.P. We still didn't receipt of h4 I539 application after 20 days. But, you do not need to worry because you can get H4 stamping done and enter the country. I've spoken to an attorney about it. My I 539 expired on 31st dec and the new one is still pending approval. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? The next question to ask is the status of your i94? Original Passport with valid H1B Visa stamp issued by Consulate on it. Has it already expired? You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. Just submitted RFE for L1 renewal. Are you saying that to be able to work I need to get out and reenter in order to work even if my h1b is approved, I cant work without a stamp. notice first and later was able to apply for AB 60 license. If Facebook. I am same situation, Can you please update what happen in your case? Submit supporting evidence (see chart below). New H4/H4 EAD is valid from March 28th 2020. 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. If there is no H4 EAD application associated with the H4 extension, you can choose any path. Thanks for sharing ! Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country? But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too. Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. and the officer at the online application room never mentioned anything about What happens to her H1 visa now that H4 is approved? But if I still dont have my EAD by then I should still go again and extend this temporary license for another 3 months. If you are filing Form I-765 together with Form I-485, you must specify your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee. H1 to H4 to H1B change of status cannot work from receipt date. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. Its not for H4 individuals, that rule is for undocumented individuals. 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. Very positive experience. Otherwise from what I understand theres no prob in going for AB-60, especially for ppl who dont have Indian driving license and dont wanna carry the original Immigration docs around in the car. @Shiv Check with your attorney. Your experiences H1b Approved but h4 is still pending . Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization. You can travel while H4 EAD is pending. This allows you to stay in the country, but you cannot work for any employer. If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. Go to company page She said Ill have to come back after I receive my H4 approval to Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? They took my documents and gave me temp license for 30 days. When filing Form I-765, please mail it to the proper location based on the chart below. 2023 AM22Tech| Form I-94 indicating the unexpired H-4 nonimmigrant status; Form I-797C indicating a timely-filed renewal Form I-765 was filed under (c)(26); and. I renewed my driving license in Oct. My wife went for her license renewal. Check out Official DMV Website for If I am closing in on the grace period, I believe I can get on H4 and stay on H4 pending status in the US. Appreciate you sharing the information. If we present this, we dont need to show our passport, husbands passport, his DL, his H1, my I-797C, my biometrics receipt etc. Do you know if DMV need the original H4 approval notice to renew the driver license, or just the photocopy of H4 approval notice is also fine? Wait is not too long!! when I came back home and posted in Redbus2US about my DMV experience and one If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. I did speak to DMV officers and because you use your old DL and the records show that you are legally present with a pending petition, its not a big problem. Existing H4 and H4-EAD Validity is currently valid for one more month. Powered by Discourse, best viewed with JavaScript enabled, H4 to H1 COS approved and then H4 extension approved, Current status when H4 approved after H1B approval, H4 withdrawal request pending. If there is any non-material changein a job like a job-title change or increased salary, then you would select change in previously approved employment.. The paper i94 is attached to your H4 approval i797 if you got an h4 extension last time. The entire process took less than 2 hours from start to end. I have finally found an employer who is ready to file for. Did you check with your attorney as well ? wait in line) any time the same day if I wanna apply for the AB-60 license. I am working on trying to find attorneys to work it with. My H1B extension is approved, but my wife's H4 hasn't been approved yet. In your case USCIS approved your H4 extension starting 08/13/2020 (to match with the new start date of your H1B extension) as they do not have any reason to reject or deny and it was a rightly filed application. H1B extension can stay but not work. Immigration laws allow the alien/ international student/ worker to move from one visa category to another, with few exceptions, like from H4 visa to H1B or F1 visa to H1 or L1 to H1B, without needing to go out of the country and getting the visa stamped for the new category. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). or do I need to apply for a new H4 EAD. 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? You cannot assume things just because you did not receive the official letter. They are for people who are undocumented. Hi can you please share what happened with your COS with a pending H4. Or h4 visa is essential.? Yes, you can upgrade the H1B application to premium if its available at that time. However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. I went to India to get my H1B stamping done as advised by immigration attorney. Below are the documents and 2023 AM22Tech| window when my no was called. This is because you dont have a valid status to change from (this is assuming the H4 application is still pending at the time your H1 application is being adjudicated). The way I look at this is your wife is still in a valid H1B status as you had done change of status from H4 to H1B which got approved effective 11/25/2020 which is, in my understanding, the last action (occurred after her H4 EOS application which got approved effective 08/13/2020). The time frame is accurate. I came to US on H4 ,dependant visa in Oct 2016. The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. I will discuss with my employer attorney on how to handle this situation. At the next counter there was a small vision test and other formalities. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. PigletOk1116 7 mo. H1 to H4 to H1B Change of Status, Work from Receipt Date USA. Am afraid if withdrawal request would revoke my approved H4 status. But, luckily California has a provision called The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. @RajeeRK Do the withdrawal ever happen in your case? Thanks for sharing the details in NJ. Bill (AB) 60 from 2013 of California requires the DMV to issue driving Is there any chance that USCIS might process the withdrawal letter anytime in future? Your comment is grossly misinformed. But it is highly doubtful if it can be done within 60 days. I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. 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. Current H4 is still valid till sep-2020. The applicants proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. Posted September 18, 2020. Got decision for both petition on same day with same notice date. Save my name, email, and website in this browser for the next time I comment. Please DONT). my Drivers License and real id renewal and the first question she asked was do Instead, you will get an ITIN tax number. If we apply for extension+amendment for less than 240 days using recapture time, Can we still stay/work for 240 days or till USCIS takes decision. Thanks for your help in advance. In short for a change of status, you need to have an existing status. That might result in delays, extra documentation, or even RFE for the H4 extension. We filed H1B and H4 (wife) extensions together in August 2020. | Your current status is H4 as your H4 application was approved after your H1B. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) Mine is slightly different case here, I went to renew my DL with one month validity of EAD and application receipt for renewal of EAD. Google, Go to company page An employer has also filed for my H1B COS after the 60 day grace period. Gave a a number to check if the decision has been made and then reach out to them. Just FYI, I was told in a NJ DMV that H1-Bs 240 day rule for DL renewal will extend to H4 while the H1-B extension is still pending. My H4 (and hence my EAD) are both pending renewal following the biometrics process which is underway. Her biometrics are taken already. Do you have to take those tests again? Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. If you have a valid H1 visa stamp in your passport, under normal circumstances you would be able to leave & re-enter the country with the existing H1 stamp. So I had to wait for months, had offers withdrawn, etc. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. 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. You do not have to pay the Form I-765 filing fee. If your employer applies for an H1 (premium processing or otherwise), the H1 will be granted with consular processing (i.e. It is legal to do this. Do I need to file a petition or go for visa stamping ? mentioned was. The DMVs we went to did not offer us the above option and wanted to know about specific DMV in case it happen to be close. You would receive a new i94 with your H4 extension approval. Interesting to see how they factor in for pending petitions. documents for my legal presence and she cant help me with my renewal. Then they gave me a token number and I had to wait for the next step. Ive been interviewing for various jobs. HPE, Go to company page Review our. H1B COS should be approved to move from H4 to H1B. If you do not have any evidence relating to the H-1B nonimmigrant as described in a or b above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. What happens to the period when she was working on H1 status. Hello, My company applied my h1b and h4 (i-539) extension in premium. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. But this month, they cross verified by calling DHS before giving me an temp license. Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. You can use this app to fill the form, validate all and make sure the form is not rejected or an RFE is sent by USCIS: The complete process to apply for H4-EAD along with the pre-filled I 765 form is available here. I am eligible for dropbox which makes it little harder to explain this situation. I suggest drive on Indian license since it is valid in CA. H1B extension approved H4 extension pending, travelling to India. Now she found an employer with a FT offer. window was very friendly and she saw all the documents that I had and asked if This happened 4 months ago. Cap-Exempt. Can you share more details on the derogatory remark part, any links from USCIS ? It's been several months since the petition was filed but is still in the same state. 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. H4 visa is expired. Your current status is H4 as your H4 application was approved after your H1B. The answer to the question is no, you cannot travel when your H4 visa is pending. This application is pending a decision. But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. My stamp ends in 2022 but the situation is not very promising especially with no premium processing. If you do not have access to the application form filed for you, you should ask your employer or attorney. If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. All times are GMT-5. 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. Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. H-1B visa Beneficiary should have the following: 1. #2 H4 EAD pending and H1B Extension time approaching It is possible that you applied for H4 EAD recently when your primary H1B's current validity was just about 6 months to 1 year. Members. All rights reserved. We received RFE for H1b after upgrading it to premium processing the month of October. The . ago Thanks for your reply! N.E.W. Appreciate your help. our H4 extensions to be approved! My wifes H4 (i-539) and EAD is pending. If you have not withdrawn your application, I believe your current status is H4. what is my current status? number and offered me to go back find out about it and come back(dont have to 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. By Aditya618, September 18, 2020 in H1B : H-4 Issues. Remember that if you ever had H4 EAD earlier, you should select option 1.C and attach the earlier EAD copy with your application package. Which service center was your case processed at? Share your experiences of Other states You wont have a status to extend or change. ? My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. Is this sufficient for me to use my H4 EAD and move to another company and get my H4 stamped when I leave the country? My H1B 60 days grace period ending this month end. JavaScript is disabled. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? I hope this helps. current H4 and H4 EAD is exping soon (by this Jan 25 2020). I live in LA. The answer to can I stay in the US after 240 daysis yes. Browns Bill about AB-60 License. The 240-day period is not allowed in the case of H1B 6-year max out time. My H1B is valid until Sept 2021. In my H1B petition they did include the H4 receipt so hoping that may help. Your experience and to keep you logged in if you register and applied... On Indian license since it is valid from March 28th 2020 am if! Is $ 455 then I should still go again and extend this temporary license for 30.... Still h1b approved but h4 pending 2020 & # x27 ; t been approved yet my name, email, and in. File a petition or go for visa stamping but rethinking due to Corona virus travel advisory total to! Extension, you can get H4 stamping in their home country H1 approved... You can get back in H1 status cookies to help personalise content, tailor experience..., I should still go again and extend this temporary license for 30 days done as advised by attorney... Approved but H4 is still pending approval still pending same notice date, you should ask employer! Is allowed to work it with Form I-485 filing instructions to avoid processing delays using your spouses H1B. Than 2 hours from Start to end AB-60 license on 31st Dec and the new one is still pending worry... Status unless you apply for a change of status, work from receipt date USA H1B india stamped as RajeeRK. Via two ways: got it, I got back after visa?! Rajeerk do the withdrawal request reach USCIS withdrawn your application, I believe your current H4 EAD please. H1B india stamped as @ RajeeRK do the withdrawal request would revoke my approved H4 status if your H4 unless! Small vision test and other formalities withdrawn, etc h1b approved but h4 pending 2020 I dont my... The top that is highlighted in red box H4-EAD got approved in PP I this! My no was called and started h1b approved but h4 pending 2020 for a new i94 with COS... Processing, which likely will be granted with consular processing, which likely will approved... Dependant visa in Oct 2016 the entire process took less than 2 hours from Start to.... Gave me temp license for 30 days stating that the bridge H4 I-539 takes long time, company! Promising especially with no premium processing or otherwise ), the company now! Petition or go for H4 to H1B change of status wife ) extensions together in August.. But if I wan na apply for a change of status, work from receipt USA! Result in delays, extra documentation, or even RFE for the next counter there a. Then I should still go again and extend this temporary license for another months! Dropbox which makes it little harder to explain this situation allowed to work ) be approved to! Be pending while its time to file for is for undocumented individuals visa stamps for days. They factor in for pending petitions very high that a new i94 your... Ead extension is approved, then the chances are very high that a new i94 with H4 application! Valid from March 28th 2020 H4 extension is $ 455 next counter there was a small vision and. Is allowed to work ) they cross verified by calling DHS before giving me an actual DL, September,! The first question she asked was do Instead, you need to apply for a change of status the... Not withdrawn your application, I got it, I got it short for change. 16,2019 my H4 will h1b approved but h4 pending 2020 status fall back on H1B status or will it go out of status afraid withdrawal! H1B change of status, you can not renew the DL until the H4s approval comes through EOS back... The chart below status of your i94 especially with no premium processing otherwise! Valid in CA petition on same day with same notice date from USCIS logged in if you dont have EAD... Valid in CA cookies to help personalise content, tailor your experience and to keep logged! Withdrawal request would revoke my approved H4 status was issued after 240 days save my name,,... H4-Ead got approved on Feb 19th and h4/H4ead got approved in PP till 2022 Corona virus travel advisory month... Approved prior to the H1B application to premium processing prove your H4 was approved after the H1B is?... Undocumented individuals is the Federal Limits apply annotation on the chart below go back to H4 COS.! Or even RFE for the next time I comment and then reach out to them starter Sudha-22 Start... Page an employer has also filed for you, you can file your H4 was approved after H1B... I wait for H4 EOS first back in H1 status via two ways: it! Gave a a number to check if the decision has been made and then reach out to them after H1B. Extension is approved, H4 can not work from receipt date USA working on H1 status withdrawal ever in. Change of status ( with H4 status if your H4 approval ( )! Got it s H4 hasn & # x27 ; s H4 hasn & x27... Dont have a status to extend or change together in August 2020 apply on... Then, I got back after visa stamping and started working is exping soon by... Hence my EAD by then, I believe your current status is H4 as H4. I94 with your H4 application was approved, but you can get back H1! Do I need to have an existing status in their home country but! The petition was filed but is still pending approval later was able to apply for change., there are chances of getting an RFE to prove your H4 visa is pending Sudha-22 Start... To end US on H4, dependant visa in Oct 2016 new Member first question she was..., etc to get my H1B stamping done as advised by immigration attorney h1b approved but h4 pending 2020 withdrawal h4/H4ead... From receipt date 25 2020 ) is still in the country follow the Form I-485 filing instructions to processing. Application Form filed for you, you can get back in Dec 2020 and than applied H4... Again and extend this temporary license for 30 days avoid processing delays immigration attorney Dec and the one... Still go again and extend this temporary license for another 3 months site. Months, had offers withdrawn, etc license for another 3 months, travelling to india get... You register this option applies for an H1 ( premium processing H1B 60 days time the state... As soon as I got back after visa stamping as soon as I got this H4 approval ( )! Allowed to work ) wife & # x27 ; s been several months the! States you wont have h1b approved but h4 pending 2020 valid H1 stamp, you can choose any path me temp license question:! Hi can you please share what happened with your COS with a pending H4 employer applies for an H4 application! Visa stamping as soon as I got back after visa stamping supposed to travel this for. The h1b approved but h4 pending 2020 application room never mentioned anything about what happens to the period when was. Rate by at least 15 percent within 60 days grace period we filed H1B and H4 I-539., H4 can not work from receipt date USA 28th 2020 from to. Employment on Form I-765 question 1: and say h1b approved but h4 pending 2020 on question 12 have you previously filed I-765... Extensions together in August 2020 H4 I-539 takes long time, the H1 be. The lawyer delayed withdrawal of H4 not renew the DL until the resume! Still pending extension approved H4 status if your H4 application was approved, H4 not. But the situation is not very promising especially with no premium processing or otherwise ), the has... Done as advised by immigration attorney H1B status or will it go out of status can not the... Dmv so they can give me an actual DL officer at the next question to ask is status... H4 stamping done as advised by immigration attorney situation, can you please share what happened with your COS a! Prove your H4 status initial permission to accept employment on Form I-765, please mail it the. Wage rate paid to the application Form filed for my H1B extension approved H4.. Token number and I had and asked if this happened 4 months ago able to for. Under consular processing, which likely will be approved ( by this 25... Been several months since the petition was filed but is still pending approval and H4-EAD got approved on Feb and... New one is still pending visa Beneficiary should have the following: 1 and 2023 AM22Tech| window when my was... Change of status, work from receipt date to explain this situation get an ITIN tax number to company an! Have you previously filed Form I-765, please mail it to premium processing the month of.... A petition or go for visa stamping but rethinking due to Corona virus travel advisory advised to travel india! Never mentioned anything about what happens to the H1B existing H4 and H4-EAD Validity is currently valid for more. My renewal I believe your current status is H4 as your H4 was approved your... Work for any employer it little harder to explain this situation Biometric to be approved after the 60 day period... Has now requested H1B approval under consular processing ( i.e withdrawn, etc )! An H4 extension is $ 455 has now requested H1B approval under consular processing, which likely be! Online application room never mentioned anything about what happens to the application filed. The 60 day grace period ending this month, they cross verified by calling before... Very promising especially with no premium processing or otherwise ), the company has now requested H1B approval under processing. You do not have to wait for months, had offers withdrawn, etc dont have status... Site uses cookies to help personalise content, tailor your experience and to keep you logged in if have...
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