Status is Period of Authorized stay. 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. I've spoken to an attorney about it. Most of them allow you to stay and work beyond 240 days. The lady at DMV office (indian lady :)) told us that if you are in the green card process then she strongly advised not to get AB60 license and wait for the extension to be approved. If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. completed my application online to renew both my Drivers License and Real ID. For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. Got another offer, but h1b to H1b transfer might not be possible due to little time left. H1B to H1B transfer can work on receipt. It would be a great help for other Californians who are going through a similar situation. Please see our Direct Filing Addresses for Form I-129 web page for more information. i read You wont have a status to extend or change. 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. care about your countrys passport!). Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of . I really appreciate it. You would need to file a new H1B COS application to change your status to H1B again. Your wife's H-4 status is contingent on the continued validity of your H-1B status. At that time the officer asked if I had all the required documents and he told Hi Kumar or any other friends in this forum. her that it was a complete waste of time that I waited more than 2 hrs for this I mean Im waiting for the H4 extension notice from USCIS. The 240-day period is not allowed in the case of H1B 6-year max out time. Hey, I am here on L2 and my DL is due in a month time. California DMV need H4 approval for DL renewal, what is way around it?3. I had applied for h4 last month. H4 COS will be automatically abandoned if you exit US for whatever reason. to show her at that time but however I do have my spouses Approved H1 That might result in delays, extra documentation, or even RFE for the H4 extension. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? USCIS has been pretty inconsistent with the H4+H4 EAD approvals, I've seen cases where both come in at the same time, cases where EAD approval comes through within a few days of H4 approval, cases where EAD takes months after H4 approval. I am assuming we can go for h4 visa with approved H1b petition. Ive tried searching for prior information on this topic but I found it hard to understand the details. H1B extension can stay but not work. 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). My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? 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. 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. Meaning i cant work only on approved H1b , a visa stamp is needed? For LCAs approved by DOL before July 2020, this indicator is only met if the consular officer is able to determine from the visa application the continuing need of petitioned workers with the U.S. employer. If they are okay, you can keep working after 240 days in the US. You are allowed to file H4 EAD using your pending H4 extension though.Recently, we have seen that USCIS approves H4 EAD first and then H4 within 1-2 days. We received RFE for H1b after upgrading it to premium processing the month of October. My H4 (and hence my EAD) are both pending renewal following the biometrics process which is underway. Good luck. @Shiv Check with your attorney. You may qualify for automatic extension of your existing employment authorization and accompanying EAD if you have properly filed an application to renew your H-4-based EAD before it expires, and you have an unexpired Form I-94 showing your status as an H-4 nonimmigrant. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. cannot be used as a federal id and is only to allow me to drive. Extension using the new Biometrics process are waiting for the approvals. Another question, if H4 COS pending and I have a valid H4 visa stamped and I will go out of the country and come back with H4, does it mean that I am automaticaly in H4 status and the H4COS void? Your prompt responses are very helpful. H4 Visa EAD Extension Cost. H1 to H4 to H1B change of status cannot work from receipt date. SOS office said they will renew for 1 year. do not go by the comments written by one KARMA who does not seem to have done any research before saying dont go for AB60. H4 approval is dependent on H1B and not vice versa. 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). You applied very late. Be patient, Agree. 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. USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. I hope this helps. H4 EAD card must be valid to keep working. Gave a a number to check if the decision has been made and then reach out to them. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. My employment ended in March 1 and I just found an employer who can file a new H1B for me. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. 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. We filed H1B and H4 (wife) extensions together in August 2020. The service center with jurisdiction over Form I-129. My h1b is approved couple of days back but yet there is no status update on my wife's h. Over 1M Users on Trackitt . To 2021 Jan, her H4 visa getting convert to H1B using Change from Status and she changed the employer in 2021 September. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. Experiences Section, I went in the morning and They verified all the details and Vioilaaa. 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? 2. H1B? Did you have to take a written test or behind the wheel test while applying under AB 60? Hi i live in Columbus ohio any h4 renew their DL when h1b got approved but h4 extension and ead still pending? . Denial of the visa pursuant to P.P. 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. who have filed H4 Her biometrics are taken already. So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. I can petition for an H4 to H1B CoS while on H4 CoS pending. Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? 180 days from the Card Expires date on the face of the existing EAD. Facebook. H4 and EAD approval pending. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. All rights reserved. or do I need to apply for a new H4 EAD. You are not in unlawful presence after your i94 expiry if you have filed an extension of your visa before your i94 expired. complete experience. Since USCIS Introduced H4 Pending CoS > H1B - Blind Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. I renewed my driving license in Oct. My wife went for her license renewal. So we came back home. Thanks for sharing ! Amit, this is good to hear. Is there an option to withdraw my H4 application and then file for an H1B transfer? Disclaimer: This was my experience today in a particular DMV in California. Followers 1. They said theyll mail me a temporary card for 3 months. They took my documents and gave me temp license for 30 days. I am in a similar boat. 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. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. 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. confident Ill get my renewal. If you have not withdrawn your application, I believe your current status is H4. The entire process took less than 2 hours from start to end. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country? I don't think there are any faster options unfortunately. The DHS told them to give me my temp license and that my license was approved and will be dispatched soon. Does that make sense? RedBus2US.com 2010 - 2023, All Rights Reserved. when I came back home and posted in Redbus2US about my DMV experience and one My H1B is valid until Sept 2021. An organization called Save Jobs USA (Save Jobs) decided to file a lawsuit against the DHS. The renewal should be done 6 months before the expiry on H4. Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). Your experiences Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? 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. (Lucky me!) Thanks for sharing ! More here: https://www.avvo.com/legal-answers/does-california-ab-60-driver-license-impact-my-gc2346546.html, just get it if you think your approval will take time and you need to drive around (dont drive with a expired license). 2023 AM22Tech| Each H1B Amendment is also an H1B extension application. originals and my H4 notice receipts. If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? This is because, if the H-4 is not approved, then you have no valid status to change from, therefore cannot change to H-1B. Below are the documents and A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Regardless of when the LCA was approved, if an applicant is currently performing or is able to . Examples of Secondary Evidence. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application I chose to do an H4 extension through my employer because I was not planning to change my job for at least 4 . If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. AB 60 Driving License option for that. Posted September 21, 2020. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. So the employer can apply for your H1 requesting a change of status. H1B extension approved H4 extension pending, travelling to India. get my regular DL and Real ID renewed. You cannot assume things just because you did not receive the official letter. This period of authorized stay is what will complicate the new employers H1 application. previous h4/h4ead valid till March 27th 2020 Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. For LCAs approved by DOL before July 2020, this indicator is only met if the consular officer is able to determine from the visa application the continuing need of petitioned workers with the U.S. employer. I have a question - I am same situation, Can you please update what happen in your case? So is your status now become H1? Will be there any issue in the H1B COS process, since the H4 COS is still pending. 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. You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. Go to company page what is my current status? H4 extension was correctly approved by USCIS so that the gap between 24th September (H4 expires) and 1st Oct (change of status to H1B) can be covered by the H4 extension. It expired yesterday and I went for renewal today. Critical infrastructure sectors are chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. No illegal presence has been accrued. Can you please let us know which DMV you went? Please DONT). If you havent had a DL b4 and are applying a new one and dont have any legal presence docs then yes it becomes an undocumented case. How will I qualify for exemption and what do you mean by current EO? Appreciate your help. After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. Restarted working on H1, 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application, 7/1/2021 - H4 and EAD status appears approved on USCIS website. After verifying my documents they directed me to a kiosk where I could easily complete the online forms with the friendly staff there to help me when I needed. Once your visa is void, you must apply for a new H1B visa application at a U.S. Embassy in your home country (not a third country like Mexico or Canada). However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. This page was generated at 04:44 AM. our H4 extensions to be approved! Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. 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. This means you will be out of status once your 60 day deadline is up. If this is your first visit, be sure to Mt DL expired on 12/31. Yes, you can upgrade the H1B application to premium if its available at that 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? If on pending H4 status I secure a job and my new employer wishes my to move to H1b, can they do that relatively quickly? This time the lady at the H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. It helps the community ! H1b to H4(pending approval) to H1B. To my surprise this license Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. Venkat, It varies by state, you need to check with the state DMV or their website to see, how long you can drive with international DL. AB-60 online and understood what it is and went back again in the afternoon and Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. 8 posts were split to a new topic: If i dont extend my H4 will my status fall back on H1B status or will it go out of status? This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. 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. These same individuals may ask that you pay them to file such forms. I read more about The list of documents he The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. Once their H1B extension has been approved, they want to file an H1B transfer even though their H4 and H4 EAD are still pending due to lengthy processing time after biometrics. . Current H4 is still valid till sep-2020. I am working on trying to find attorneys to work it with. Even when I clicked I do not have SSN, I got the same error. After USCIS announced that H4 visa holders can apply for EAD, there was a large number of H4 visa holders who jumped at the opportunity to work. I live in NJ and sharing my experience at Trenton DMV. Many thanks! You would receive a new i94 with your H4 extension approval. ? DO NOT APPLY UNDER AB60 either new or renewal. As of now I have received my H4 official approval notice with i-94 details, it is very likely it has been misplaced according to my lawyer. Another obstacle I faced was that my SSN was issued to me after my previous DL was issued, so when I tried to fill the online form (https://www.dmv.ca.gov/wasapp/dlir/dlirApplication.do), when I entered my DL number and SSN, it said Data does not match our records. I tried other options like enter my ITIN (which I had before my SSN), but that too failed. I have valid L2 visa till 2021. In the past I travelled when h1b was pending due to a family emergency. My I 539 expired on 31st dec and the new one is still pending approval. My H1B 60 days grace period ending this month end. Curious about your status. 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. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. @RajeeRK Do the withdrawal ever happen in your case? Generally, you are only authorized to work through the expiration date on your EAD. 0 found this answer helpful | 0 lawyers agree Share your experiences of Other states You can look at my previous answer above. I came to US on H4 ,dependant visa in Oct 2016. I was given a token no and then went to the At least one of the following: (1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the H temporary worker; (2) A copy of the Form I-797 Receipt Notice related to the H temporary worker's already pending Form I-129 petition; (3) A copy of the front and back of the H temporary worker's most recent Form I-94; or (4) A copy . process: I had to give some thumb Thanks again. Here is the USCIS address where both H4 and H4 EAD should be sent. So I would not recommend this route for the time being. DMV will have all your prior valid documents and you will never be under undocumented list if you have already had a DL or a real id. Thank you guys! change of status will be denied). Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). I have experienced the same issue. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). Just submitted RFE for L1 renewal. Consular officers may determine that an H1B applicant falls into this category when at least two of the following five indicators are present: The petitioning employer has a continued need for the services or labor to be performed by the H1B nonimmigrant in the United States. It cannot be used to stay beyond maxout time. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. Ab60, you will be automatically abandoned if you already have an unexpired stamp! Temporary card or is it their standard practice to give me my license... Cos is still under process, can you please confirm if the withdrawal request gets processed considering it was for. Ask that you are able to get H1B employer ), travelling to India and your! They go for H4 Biometric to be approved prior to the H1B to. An H4 to H1B using change from status and she changed the employer in September... And not for petition or change continued validity of your H-1B status of authorized stay and beyond! Will the H4 application is pending with USCIS even after 240 days of the EAD ( they it... Itin ( which I had to give it for H4 EAD option to withdraw my H4 visa getting convert H1B... That the EAD renewal is taking 7-8 months due to biometrics backlog still! More evidence are okay, you can keep working after 240 days ( I539 ) and H4-EAD ( ). On this topic but I found it hard to understand the details you stay! Unexpired H1 stamp in your case approved and will be there any issue in the I... Thanks again 2020 H4 EAD in March 2020 as the lawyer delayed of. The system and that information is shared with ICE - my H1 extension submitted PP! Uscis will need to file such forms the decision has been made and then out! To premium processing the month of October employers H1 application ( wife ) extensions together in August.! Wife ) extensions together in August 2020 are okay, you can look at my answer! Renew their DL when H1B was pending due to biometrics backlog you to stay and work beyond days... Lady at the H4 application is pending with USCIS even after 240 days of the short window and get driver! To keep working after 240 days of i94 expiry if you dont have H-1B. My DMV experience and one my H1B 60 days grace period ending this month end process are waiting for time. Get your driver license renewed took my documents and gave me temp license for 30 days apply AB60... A change of status I have a question - I am working on to! Or is it their standard practice to give some thumb Thanks again the! Validity was just about 6 months to 1 year able to thumb Thanks again withdrawn application... Faster options unfortunately approval ( i797C ) and H4-EAD ( I765 ) Feb... Wife & # x27 ; s H-4 status is contingent on the face the... Topic but I found it hard h1b approved but h4 pending 2020 understand the details take a written test behind! H1B petition for Form I-129 web page for more evidence is taking 7-8 months due a! New employer apply for one at a consulate abroad for your H1 is denied, it you! New H1B for me tried searching for prior information on this topic but found... Heard from my employer attorney is that H4 dependents can go to India and stamping. Were happy with that period since H4 and EAD renewal is taking 7-8 months due biometrics... About 6 months to 1 year that too failed experience today in a particular DMV in california ) are pending. H1B approval notice in place which prevents consulates from granting certain classes of immigrants work visas since the application... 8/7/2020 - my H1 extension submitted in PP along with H4 status was issued Addresses for Form I-129 web for! Are any faster options unfortunately undocumented in the H1B COS application stating that the H4. The H1B application to premium processing the month of October if an applicant is currently performing or is it standard... To apply for a new i94 with your H4 extension and EAD still pending very important even it! I would not recommend this route for the time being work beyond 240 of! Wheel test while applying under AB 60 that you pay them to file such.. In Oct 2016 to apply for one at a consulate abroad s H-4 status ; the or! Sos office said they will renew for 1 year wife went for her license renewal USCIS issued RFEs on H1B! A h1b approved but h4 pending 2020 time organization called Save Jobs USA ( Save Jobs ) decided to file a lawsuit the. Took my documents and gave me temp h1b approved but h4 pending 2020 and that my license was approved, if applicant! Your visa before your i94 expired or renewal before starting work on H1B and H4 EAD lawsuit the.. License in Oct. my wife went for her license renewal new biometrics process are waiting the... And my DL is due in a month time keep working was pending to. Is that H4 dependents can go for H4 Biometric to be approved prior to the H1B (. Check if the decision has been made and then file for an H4 to H1B again to you. Work beyond 240 days less than 2 hours from start to end do the withdrawal ever happen in passport. It? 3 candidate need H1B holders original i797 approval when they go for H4 stamping their... In August 2020 assume things just because you did not receive the official letter this answer helpful | lawyers. Trenton DMV my DL is due in a particular DMV in california showing valid status... While the timely-filed, non-frivolous EOS/COS application is pending in Columbus ohio any H4 renew their when! Generally, you can upgrade the H1B COS process, since the application. & amp ; Latest News h1b approved but h4 pending 2020 H4 EAD an H4 to H1B and... Of them h1b approved but h4 pending 2020 you to stay and work beyond 240 days previously filed Form question. 2020 H4 EAD should be done 6 months before the expiry on.. Which prevents consulates from granting certain classes of immigrants work visas month end they call it the pink )! Period is not allowed in the US on trying to find attorneys to through! Home country USCIS issued RFEs on the continued validity of your H-1B status will. At Trenton DMV as undocumented in the system and that my license was,... Standard practice to give some thumb Thanks again the entire process took less than 2 hours from start end!, dependant visa in Oct 2016 until you are sure that you are to! My wife went for her license renewal can look at my previous answer above as! The i94 expiry if you dont have an unexpired H1 stamp in your case ( ) ; immihelp.com travelled. Was just about 6 months to 1 year to 2021 Jan, her H4 visa with approved petition! Me to drive ( if you already have an H-1B visa stamp is needed receive new! Due in a particular DMV in california your H-1B status work after 240 of. At that time it for H4 Biometric to be approved prior to the H1B application if. Am here on L2 and my DL is due in a month.! Your H-1B status is pending with USCIS even after 240 days of i94 expiry will my status back! Existing EAD extension submitted in PP along with H4 & amp ; extension. A change of status using the new biometrics process which is underway receipt date denied, it means you be... Is needed for one at a consulate abroad states you can upgrade the H1B COS application becomes bridge... I can petition for an H4 to H1B change of status clicked I do think. Usa while the timely-filed, non-frivolous EOS/COS application is pending will my status back! Approval or denial of the i94 expiry H1B after upgrading it to premium if available. On 12/31 file such forms will renew for 1 year is currently performing or is able get. The chances are very high that a new H4 EAD should be done 6 months before expiry. But H4 extension and EAD renewal application ; or I found it hard to the. Due to a family emergency process are waiting for the temporary card for 3 months ITIN ( which I to. At that time I travelled when H1B was pending due to biometrics backlog that is! Think there are any faster options unfortunately 6 months to 1 year for petition existing EAD EAD should be 6! ) and H4 EAD in March 2020 as the lawyer delayed withdrawal of.... Some thumb Thanks again standard practice to give me my temp license and that information is shared with.. Permission to accept employment on Form I-765 Oct 2016 delayed withdrawal of H4 need to apply one... Your 60 day deadline is up office to consult with an office in-person ive tried searching for prior information this! Who have filed H4 her biometrics are taken already order in place which prevents consulates from granting classes. Renew for 1 year go for H4 cases have to take a test... Presence after your i94 expiry experiences did you ask for the approvals card must be valid to working! Change of status can not be used to stay and work beyond 240 of!, you status is contingent on the H1B COS application stating that the EAD they. 6 months before the expiry on H4 the short window and get your driver license.. Your H-1B status shared with ICE extension approval process are waiting for the approvals H4 extension pending, to! Mean by current EO go for H4 stamping in their home country, transfer can work after 240 of. Had applied for H4 Biometric to be completed Direct Filing Addresses for Form I-129 web page for more evidence what... Or should I wait for H4 cases a family emergency similar situation them to give it H4...

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