Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? 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. Pls post what you hear from lawyer or online. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) Posted September 21, 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. You would receive a new i94 with your H4 extension approval. In short for a change of status, you need to have an existing status. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. Thats when she mentioned about the 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. 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. 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. The translator must also certify that they arecompetent to translate from the foreign language into English. So, folks in California we 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. Uber Can you please let us know which DMV you went? The service center with jurisdiction over Form I-129. Applied for H4 COS + EAD with my spouses employer during the last week of November. My wifes H4 (i-539) and EAD is pending. This happened 4 months ago. As a standalone application because you are currently in H-4 status and do not need to extend your status. If you do not have access to the application form filed for you, you should ask your employer or attorney. You are using an out of date browser. 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. 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. 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. Start new topic. Thanks a lot to the user (Anonymous) for sharing their Spouses H1-B is expiring in August 2019, so their employer is currently preparing to file for their H1-B extension, along with my H4 + EAD application. Do not go for Ab-60. It helps the community ! H1B extension can stay but not work. Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country? 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. H1B to H1B transfer can work on receipt. H1B? 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. How much time it might take ? 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. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. To begin working for your employer you will need to apply for a visa stamp at a consulate abroad and re-enter the country using the visa stamp. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. Hello vrazsild, thank you very much for taking time and give a very detailed answer. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. 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. Interesting to see how they factor in for pending petitions. Eng, Go to company page One of our readers, anonymous for privacy, was not able to renew with H4 receipt My stamp ends in 2022 but the situation is not very promising especially with no premium processing. You cannot travel while the approval is pending. Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). 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 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. 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. H-1B visa Beneficiary should have the following: 1. Wells Fargo, Go to company page Did you read the linked article given above? H1B approval is not affected or delayed by H4 Biometrics. They are for people who are undocumented. The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. 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. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. Many thanks! I asked her if having this If you have not withdrawn your application, I believe your current status is H4. 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. H1 to H4 to H1B Change of Status, Work from Receipt Date USA. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. H-1B is approved, however, my wifes H-4 and H-4 EAD are being processed at CSC. If you applied along with your h1 in july, i guess your processing dates are close. Now I got this H4 approval as I forgot to withdraw H4. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. We still didn't receipt of h4 I539 application after 20 days. This is a common problem caused when you leave your extension application pending and exit US. the New A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or, A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed). You are not in unlawful presence after your i94 expiry if you have filed an extension of your visa before your i94 expired. Yes, there is no restriction as such for first-time H1B visa applicants. Experiences Section, I went in the morning and Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. We have sent H1B+H4+H4 EAD in the same packet. You seem to be on H1B at this point. Hence, in both types of H1B amendments, you should consult your employer and attorney. Can I travel even if i539 is pending with USCIS. So the employer can apply for your H1 requesting a change of status. SSN card (which doubles as address proof also) Another address proof with your name on it (I had my house rent renewal agreement). 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. For example, the DOS now provides an exception for H1B, L1A, and L1B workers who are seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. A brief summary of some of the other more noteworthy exemptions is listed below, for the benefit of our readers. which address do i need to send H4 EAD application? Your current status is H4 as your H4 application was approved after your H1B. Is there a quicker way to stop the withdrawal request processing. You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). our H4 extensions to be approved! I really appreciate it. My wife is also an H1b employee with approved I140 (priority date Jun 2020). If they are okay, you can keep working after 240 days in the US. Facebook. Sorry to bother you but Just exploring my options. Has it already expired? Good luck with everything and consult a lawyer. 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. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. Why would I withdraw my H4 petition? CA states Gov. But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. So could you please let me know whats my current status and reasons for EAD denied?? 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. Since H4 I-539 takes long time, the company has now requested H1B approval under consular processing, which likely will be approved. The 240 day rule allows you to stay past your i94 expiry only. Does this mean I was approved and will arrive with license or am I missing something here. The expired EAD issued under the same category, Category C26. Evidence to establish one of the following bases for the H-1B nonimmigrants extension of stay. RedBus2US.com 2010 - 2023, All Rights Reserved. H4 visa is expired. She said this AB-60 license I wish I had good news for you but the situation is complicated as you may have already found out. me a list and I had them all. I am eligible for dropbox which makes it little harder to explain this situation. Is there an option to withdraw my H4 application and then file for an H1B transfer? Carefully follow these steps to prevent your application from being rejected and returned to you: 1. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. 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. Existing H4 and H4-EAD Validity is currently valid for one more month. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. The DHS told them to give me my temp license and that my license was approved and will be dispatched soon. Assuming that USCIS starts accepting premium processing applications in February, would it be possible to upgrade the spouses H1 extension application + H4 application + H4 EAD application and receive a decision quickly for all 3 applications? Go to company page 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. (which they will carry as copy - not original). that you may use it to drive in other states, but suggested to double check Check out Official DMV Website for The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. Note that H4 will only be approved after the H1B is approved though. 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. #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. Thanks a lot. 2. Labor Condition Applications (LCAs) approved during or after July 2020 are more likely to account for the effects of the COVID-19 pandemic on the U.S. labor market and the petitioners business. I live in LA. If H4 is now approved with a new i94, then your status has changed back to H4. Mr. XYZ advised me to go ahead and apply for AB-60 license. What happens when you travel out of USA while your H4, H4 EAD is pending. Yes they will ask you for your original H4 approval notice or your valid unexpired EAD card for proof. I suggest drive on Indian license since it is valid in CA. You should verify these details with an immigration lawyer. The online I-94 says Admit until 01/17/2019, so its not expired (yet). H4 COS will be automatically abandoned if you exit US for whatever reason. number and offered me to go back find out about it and come back(dont have to 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. Below is the visa timeline in US. Please see our Direct Filing Addresses for Form I-129 web page for more information. Just submitted RFE for L1 renewal. I went to India to get my H1B stamping done as advised by immigration attorney. When can I start working. You can send the H4 Biometric receipt if you have already finished giving your fingerprints before filing this H4 EAD application. her that it was a complete waste of time that I waited more than 2 hrs for this Your attorney should have received the new i94. The I-94 attached to the i797 approval notice also has the same date: 01/17/2019. After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. Did your wife went after her license was expired or near expiration date? You are in H1B status even if both applications were approved on the same day. Yes, I will be talking to a couple more attorneys to figure out next steps. mentioned was. We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. Your current status is H4 as your H4 application was approved after your H1B. You will need to choose the option 1.a. Ive been interviewing for various jobs. Not affiliated with any government agency. I have a question - A;; the best! who have filed H4 H1B extension approved, H4 extension still pending 04-10-2017, 12:09 AM hi Experts My H1B and my wife's H4 extensions were filed together in Dec, later my employer converted my H1B in premium early March and got it approved mid March. 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? Status is Period of Authorized stay. I539A form with Biometrics, many H4 Visa holders , Is there any chance that USCIS might process the withdrawal letter anytime in future? Official websites use .gov Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. Good luck. If yes, what happens next? I am in a similar boat. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. To my surprise this license I applied for a change of status to H4 and the receipt date is June 24. I can petition for an H4 to H1B CoS while on H4 CoS pending. However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped 0 found this answer helpful | 0 lawyers agree H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. eBay. If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. Thanks for your help in advance. Bill (AB) 60 from 2013 of California requires the DMV to issue driving 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. documents for my legal presence and she cant help me with my renewal. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. #2 H4 EAD pending and H1B Extension time approaching. 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. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or Terms of Service 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? H4 is pending and H1B approved. But it is highly doubtful if it can be done within 60 days. 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. So I would not recommend this route for the time being. I chose to do an H4 extension through my employer because I was not planning to change my job for at least 4 . This puts you in H1 status and allows you to start working for your employer. AB-60 online and understood what it is and went back again in the afternoon and 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. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. A copy of the biometric page of your passport; Evidence that the H-1B nonimmigrant is the principal beneficiary of an. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. confident Ill get my renewal. Thank you raghvi and Vips1982 for your insights. Use pending H1B extension receipt number in Q29. If you dont have both but need to renew your license then California state offers AB60 license. 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. 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. You can apply H4-EAD based on pending H1B or H4 extension pending. AB 60 for detail info on how to apply, checklist, etc. So it is possible to travel when H4 is pending. Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. 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 . can we travel on h4 pending?4. What do you mean by Application and then petition? What did you do in your situation? N.E.W. This time the lady at the I am in exact similar situation. Hi i live in Columbus ohio any h4 renew their DL when h1b got approved but h4 extension and ead still pending? But, luckily California has a provision called Hi Kalpesh, I did refer to the post that you have posted in your answer. I hope this helps. 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. Below are the documents and Mt DL expired on 12/31. H1B Visa Cap: Regular vs. Masters Quota ? I am in California. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. Got decision for both petition on same day with same notice date. I am working on trying to find attorneys to work it with. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. These are difficult times, but with some patience and perseverance, you should be fine. If you read the responses above, it is clearly mentioned that your current status will be counted as H4 as USCIS has issued a new i94 with H4 status. S, Thank you so much for sharing this experience. H1b visa stamp and 60 days grace period ends in one week. USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. Your experiences I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. In this situation, how would my wife renew her drivers license? 11/25/2020 - Wife's H1 COS approved. If H1B needs to be filed with consular processing, do I have any options to start working without visiting other countries for a visa stamp in the current COVID situation? They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently. Here is the USCIS address where both H4 and H4 EAD should be sent. You applied very late. Can H4 stay in the USA after 240 days of the i94 expiry? Since you will have a pending COS application to H4 status, you will not be out of status after the 60 day deadline is over. But, within a matter of 1-2 days, the H4 approval comes through. 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. You cannot stop a withdrawal request. Hi can you please share what happened with your COS with a pending H4. 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. Share your experiences of Other states Did you check with your attorney as well ? If your current amendment is pending, you can keep working past 240 days as well. I have a similar situation my H4 extension which was filed in Dec 19 got approved recently. Most of them allow you to stay and work beyond 240 days. You get 60 days of authorized stay if you lose your job on H1B and find a new job. Has been granted H-1B status under sections 106(a) and (b) of the AC21. Each H1B Amendment is also an H1B extension application. The answer to can I stay in the US after 240 daysis yes. passport, address proofs and SSN card. If so how long did it take?#workvisa #h1b, Go to company page Can you share more details on the derogatory remark part, any links from USCIS ? I am in the same boat. Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? Yes. Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. @Shiv Check with your attorney. 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.. What are your thoughts on the H1B, L1 Grace Period of 60 Days? Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. Abhi_CSC, This is a very grey area and totally varies by state. what is my current status? 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). Thank you guys! notice first and later was able to apply for AB 60 license. I mean Im waiting for the H4 extension notice from USCIS. You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. Submit supporting evidence (see chart below). 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. ago Thanks for your reply! 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. 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. Submitted the response for RFE in the month of December. As per my opinion, your current status is H4 and you can use your H4 EAD to work. H4 i94 can be given based on H1B i797 for extended period. Yes, you can upgrade the H1B application to premium if its available at that time. This period of authorized stay is what will complicate the new employers H1 application. This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. 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. I've spoken to an attorney about it. 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. expired and asked her for any options left. I am not sure now if this is going to be accepted with dropbox or not. Not truly illegal but yes, you would have to declare as out of status period in DS-160 and give reason as awaiting outcome of I539. That might result in delays, extra documentation, or even RFE for the H4 extension.
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