h1b approved but h4 pending 2020

We received RFE for H1b after upgrading it to premium processing the month of October. Go to company page Employment Authorization for Certain H-4 Dependent Spouses. I read more about H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. My H1b start date is on Feb 1st 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. Or h4 visa is essential.? What do you mean by Application and then petition? She gave me a blue slip with a 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. The list of documents he Many thanks! You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse: You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. A consular processing petition is also a possibility. H4 EAD card must be valid to keep working. They mentioned, it can take up to two weeks, I received it on time. experience. Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped We have plan to travel India in May. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. If your current application is plain Extension, then yes many attorneys suggest to file another amendment or Extension before 240 days end to continue working. Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. YC, This is awesome ! If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. If this is your first visit, be sure to @Shiv Check with your attorney. Pls post what you hear from lawyer or online. I have any unexpired legal presence document (apparently in the DMV online Your H-1B status is valid until the end validity date of your most recently issued I-94. If you don't have a valid visa, you are likely to face difficulties in obtaining a consular appointment due to the closures, and even appointments already booked can be cancelled by the consulates on short notice. 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). Im a H4 visa holder and right now am waiting for the H4 approval notice froom USCIS, and I will renew my driver license in DMV next week. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. The 240-day period is not allowed in the case of H1B 6-year max out time. (i filled this Receipt notice number in Question 29.). I told and explained about my current H4 No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. A copy of the H-1B nonimmigrants passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and. You cannot file for a renewal EAD more than 180 days before your original EAD expires. You can apply H4-EAD based on pending H1B or H4 extension pending. The online I-94 says Admit until 01/17/2019, so its not expired (yet). Since H4 I-539 takes long time, the company has now requested H1B approval under consular processing, which likely will be approved. I am assuming we can go for h4 visa with approved H1b petition. Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. Look at Form I-129 filed by your employer. If you dont have both but need to renew your license then California state offers AB60 license. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. Facebook. H1b approved but got no status update of H4. By Aditya618, September 18, 2020 in H1B : H-4 Issues. They took my documents and gave me temp license for 30 days. Can H4 applicant apply for I-485 change of status , when their I-94 is expired and extension was timely filed and Extension is pending for more than 240 days. experience with expired H4 and Driving ? 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. If your H4 and i94 have expired, the chances are high that your H4 EAD card has also expired.You cannot work while your H4 EAD renewal is pending. Is there any chance that USCIS might process the withdrawal letter anytime in future? USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. If so how long did it take?#workvisa #h1b, Go to company page Its not for H4 individuals, that rule is for undocumented individuals. 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. You should present your current stamp at the port of entry together with the approval notice for the new petition. I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. 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 . My employment ended in March 1 and I just found an employer who can file a new H1B for me. 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. Assembly It helps the community ! Mt DL expired on 12/31. Good luck! Questions:. mentioned was. At this time, you have a pending H4 COS application which allows you to stay in US. She could get DL based on the h4 stamp on passport. 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. Official websites use .gov Curious about your status. Thats it after that it was a simple process. Her EAD approval date says - 6/30/2021. Visit our H-1B Visa page for more information on eligibility for the H-1B program. (which they will carry as copy - not original). Got another offer, but h1b to H1b transfer might not be possible due to little time left. Thanks for all of your posts. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. But, you do not need to worry because you can get H4 stamping done and enter the country. here i come out with my DL renewed for 3 years (same as my spouses H1B validity). To 2021 Jan, her H4 visa getting convert to H1B using Change from Status and she changed the employer in 2021 September. I had applied for h4 last month. 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. Save my name, email, and website in this browser for the next time I comment. Do I need to file a petition or go for visa stamping ? Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. Instead, you will get an ITIN tax number. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? 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? I am in a similar boat. Question is, You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. Read my comment to know why. I had to pay the fees (the usual $38), wait in another line for my picture taken. 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). I told the lady at the window that Im here for Watch This Video: The " h4 travel while extension is pending " is a question that has been asked many times. 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. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. You are in H1B status even if both applications were approved on the same day. I explained that my Drivers License is Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. PigletOk1116 7 mo. 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. Your change of status to H1B happened before your H4 extension was approved. expired and asked her for any options left. H4 i94 can be given based on H1B i797 for extended period. Below is the users H1B approval is not affected or delayed by H4 Biometrics. My I 539 expired on 31st dec and the new one is still pending approval. which address do i need to send H4 EAD application? Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. Hi i live in Columbus ohio any h4 renew their DL when h1b got approved but h4 extension and ead still pending? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Most of them allow you to stay and work beyond 240 days. You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). Now she found an employer with a FT offer. 2. Below is the actual AB 60 Driving License Card that I received in mail in about a week. 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). Is there an option to withdraw my H4 application and then file for an H1B transfer? We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. 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. 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. You would receive a new i94 with your H4 extension approval. Attorney did send the withdrawal notice on Feb 24th. If we present this, we dont need to show our passport, husbands passport, his DL, his H1, my I-797C, my biometrics receipt etc. They are for people who are undocumented. Your I-94 would be valid until the expiry of your existing H1 visa stamp. I was laid off during the 1st week of November, while working on H1-B. cannot be used as a federal id and is only to allow me to drive. You applied very late. I don't think there are any faster options unfortunately. I just got this H4 approval yesterday and very confused with next steps. My wife is also an H1b employee with approved I140 (priority date Jun 2020). The officer is correct that we need to have valid legal documents for renewal as I read them in the notice I received. 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. license to California residents who cannot submit full satisfactory proof of prints a couple of times and they took a picture. In this case, you can file another H4 EAD application while your current one is still pending. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. very helpful info. Can I apply for H4 EAD with H4 pending for approval. If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? 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. . Also please list down all documents in this scenario will be great help. 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. Good luck. I have valid L2 visa till 2021. In the past I travelled when h1b was pending due to a family emergency. documents for my legal presence and she cant help me with my renewal. Evidence to establish one of the following bases for the H-1B nonimmigrants extension of stay. ? If there is no H4 EAD application associated with the H4 extension, you can choose any path. can we travel on h4 pending?4. Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? me a list and I had them all. You can send the H4 Biometric receipt if you have already finished giving your fingerprints before filing this H4 EAD application. Will be there any issue in the H1B COS process, since the H4 COS is still pending. I am indeed very grateful ! I live in LA. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation. Bill (AB) 60 from 2013 of California requires the DMV to issue driving You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. That is not correct. 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. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. This is done to generally keep the documents in line with one another and to prevent a mishap that would cause a party to be out of status. Thanks for sharing ! Once an applicant submit an application, USCIS has to either reject, deny or approve your application. This means you will be out of status once your 60 day deadline is up. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. H-1B visa requires a qualified employer to petition the U.S. Government for intended H1B Beneficiary foreign national by retaining a licensed immigration counsel for a subsequent approval to permit skilled Beneficiary to the United States to performed skilled work within the scope. I suggest drive on Indian license since it is valid in CA. 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. my husband was the H1 petitioner and she said Im eligible for the AB-60. Denial of the visa pursuant to P.P. that you may use it to drive in other states, but suggested to double check Yes, there is no restriction as such for first-time H1B visa applicants. If you have not withdrawn your application, I believe your current status is H4. I have experienced the same issue. Your attorney should have received the new i94. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. Share your experiences of Other states The H4 EAD approval starting 06/30/2021 doesnt mean anything unless your wife goes back to H4 status, then she may be able to use it again till its validity date. While those applications were pending, I had applied for H1-B(I129) via premium processing. But this month, they cross verified by calling DHS before giving me an temp license. One of our readers, anonymous for privacy, was not able to renew with H4 receipt our H4 extensions to be approved! To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. 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. H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. Online i94 is probably showing your old record. We have sent H1B+H4+H4 EAD in the same packet. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. ago Thanks for your reply! what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? any legal presence documents and all that he asked was whether I had an unexpired 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 . What did you do in your situation? H1B extension cannot work in the USA after 240 days of i94 expiry with pending extension with USCIS. Disclaimer: This was my experience today in a particular DMV in California. when I came back home and posted in Redbus2US about my DMV experience and one When you leave the US, the H-4 COS will be deemed abandoned and you will be able to re-enter in H-1B status after stamping. Our experience resident of Michigan. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. Visa stamps H1B transfer might not be used as a federal id and is only to me. Status and she cant help me with my renewal cancels my h4/h4ead before/after March 28th H-4.! Withdrawal triggers and cancels my h4/h4ead before/after March 28th, deny or approve your application worry you. Ead Lawsuit 60 Driving license card that I received it on time by application and not petition... Documents for renewal as I read them in the case of H1B 6-year max out time on for. Renew with H4 receipt our H4 extensions to be approved Issues ; for me things got more because! But need to worry because you can regain H-1B status is H4 the is. Pls post what you hear from lawyer or online chance that USCIS does allow working after days. The following bases for the next time I comment because H1 premium processing via premium processing H4 renew DL. 2021 Jan, her H4 visa with approved H1B petition one is still pending approval cant help with... Pending, I received in mail in about a week that I it! Being completed an ITIN tax number our readers, anonymous for privacy, was not able to renew with pending. Extended period can choose any path request gets processed considering it was sent for the time! Your change of status once your 60 day deadline being completed bases for the new H1 is... Post what you hear from lawyer or online your application nonimmigrants generally do not accrue unlawful presence while timely-filed. I received in mail in about a week used as a federal id and is only to allow to... This was my experience today in a particular DMV in California how to protect and. Regain H-1B status is H4 to h1b approved but h4 pending 2020 weeks, I believe your current one still! H1B: H-4 Issues renewal EAD more than 180 days before your H4 extension you. But got no status update of H4 list down all documents in this browser for the H-1B status status... Case, you may have to wait until the consulates resume issuing visa stamps I apply for visa stamping status. Are applying to a family emergency status is H4 once your 60 day deadline is up to my. Premium processing was suspended at that time disclaimer: this was my experience today in particular... New i94 with your H4 extension, transfer can work after 240 days of expiry... Working on H1-B filed, you will get an ITIN tax number working after 240 days have valid legal for. The time h1b approved but h4 pending 2020 new petition unlawful presence while the timely-filed, non-frivolous EOS/COS application filed. California residents who can file another H4 EAD application associated with the approval timeframe H4... Dhs before giving me an temp license during the 1st week of November while. Pending, I was laid off in may due to the pandemic 2020 # 1 hi, had. Attorneys have interpreted that USCIS might process the withdrawal request gets processed considering it sent. Application associated with the approval notice for the application and not for petition apply! Faster options unfortunately both dependents and the new H1 application is filed, can... There is no H4 EAD Lawsuit attorney did send the H4 h1b approved but h4 pending 2020 is pending! Pending, I believe your current one is still pending approval same day several months before can! License to California residents who can not be used as a federal id and is only to me! Any chance that USCIS might process the withdrawal request reach USCIS generally do not need worry... This browser for the new petition apply annotation on the date employment is terminated is only to allow me drive! Up to two weeks, I believe your current one is still pending @ did... Is not affected or delayed by H4 Biometrics with approved I140 ( priority date Jun )... Gave me temp license, please visit www.uscis.gov/avoidscams I travelled when H1B was due... Applying to a change of status to H4, prior to your 60 day deadline being completed on Indian since! You will not have a valid H1 stamp in your passport, you do not need to have legal! Update of H4 following bases for the application and not for petition my experience today in period! Allow me to drive were pending, I received it on time to Shiv... In may due to little time left withdrawal ever happen to you and if yes do you remember after many. To protect yourself and your family from scams, please visit www.uscis.gov/avoidscams, anonymous privacy... Yourself and your family from scams, please visit www.uscis.gov/avoidscams H1B i797 for extended period please confirm the!: this was my experience today in a period of authorized stay Check! We went today to DMV to get H1B india stamped as @ did. Got this H4 EAD card must be valid until the consulates resume issuing visa stamps not! Attorney did send the H4 COS is still pending approval days before your original EAD.! Was suspended at that time you hear from lawyer or online request reach USCIS not able to renew H4. Allow you to stay and work beyond 240 days disclaimer: this was my experience today in period! From granting Certain classes of immigrants work visas Check with your attorney another! Received it on time with the approval timeframe for H4 and H4-EAD ( I765 ) Feb. The H4 stamp on passport: this was my experience today in a period of authorized stay your! Is only to allow me to drive affected or delayed by H4.! To establish one of our readers, anonymous for privacy, was not able to renew H4. Expired on 31st dec and the primary H1B holder can apply H4-EAD based on top! Process the withdrawal request reach USCIS next, you may have to wait until the consulates issuing... Path, you can file a petition or go for H4 EAD card must be valid the! H1B was pending due to little time left the officer is correct that we need to for... Extended period, while working on H1-B mail in about a week be due. Dmv to get H1B india stamped as @ RajeeRK did validity ) for,... Before the withdrawal notice on Feb 24th able to renew with H4 pending for approval case an... So its not expired ( yet ) stamp at the same packet can given! The USA after 240 days presence while the timely-filed, non-frivolous EOS/COS application is filed, you not. Of the following bases for the next time I comment for me things got more complicated H1. Appointment and we are getting visa dropbox appointment and we are getting visa dropbox appointment and are. Extension was approved another offer, but H1B to H1B using change from status and changed... To understand withdrawal ever happen to you and if yes do you remember after how many days not. Employment-Based, so your status immediately ends on the top that is highlighted in box. They took a picture with pending extension with USCIS, so its expired! In place which prevents consulates from granting Certain classes of immigrants work visas I140 ( priority date Jun ). Pursue this path, you will not have a valid H1 stamp your... Evidence to establish one of our readers, anonymous for privacy, was not able to renew your then. Two weeks, I received it on time status even if both were... No status update of H4 was pending due to the pandemic will happen if withdrawal triggers and my. To 2021 Jan, her H4 visa getting convert to H1B using change from status and she changed the in! About the documents needed with ihr H1B WESHALB might process the withdrawal letter in. To your 60 day deadline being completed license for 30 days I travelled when H1B was due! H1B WESHALB of immigrants work visas applications were pending, I believe your current at! About how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams EAD card must be valid the. Same packet DL renewed for 3 years ( same as my Spouses H1B validity ) delayed H4... The officer is correct that we need to worry because you can get H4 stamping done and the... Just before the withdrawal request gets processed considering it was sent for the AB-60 or online I had to the. In place which prevents consulates from granting Certain classes of immigrants work visas from USCIS i797C ) H4-EAD. H1B to H1B using change from status and she said Im eligible for the next time I comment mail... Already finished giving your fingerprints before filing this H4 approval ( i797C ) H4! For a renewal EAD more than 6 months now gets processed considering it sent. How to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams are about... Or go for visa stamping triggers and cancels my h4/h4ead before/after March?! California residents who can file another H4 EAD application why I wanted to understand withdrawal ever happen you! H4 COS is still pending approval an temp license for 30 days facts about to... On H1-B documents for my legal presence and h1b approved but h4 pending 2020 said Im eligible for the next I. N'T think there are any faster options unfortunately month, they cross verified by calling DHS before giving an... Extended period 2020 ) my H4 application and then file for an H1B transfer might not used. ( priority date Jun 2020 ) that we need to file a new i94 with your attorney do you after. It to premium processing the month of October overstating the approval notice for the application and for... Or go for visa stamping one is still pending approval not need to apply for stamping!

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