I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. I am in the same boat. H4 EAD needs an approved H1B and an approved H4 to be approved. 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. Wait is not too long!! General H-1 and H-3 Visa and Related Issues. H1B extension can stay but not work. In this situation, how would my wife renew her drivers license? I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. They couldn't give me a timeline on how long it would take. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling. 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. Good luck! When can I start working. 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. I had applied for h4 last month. | 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. H1 to H4 to H1B Change of Status, Work from Receipt Date USA. First of all, your priority is to ensure you are not out of status. 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. Thanks for all of your posts. If the employee has any material change like a new work location outside of MSA (Metropolitan Statistical Area), then you would select an amended petition. Sorry to bother you but Just exploring my options. H1b Approved but h4 is still pending . Your comment is grossly misinformed. You cannot assume things just because you did not receive the official letter. Then they gave me a token number and I had to wait for the next step. Evidence to establish one of the following bases for the H-1B nonimmigrants extension of stay. Withdrawal request was sent for H4 application on May 15 and the case got approved on May 16 just before the withdrawal request for application reach USCIS. I had them all and I was 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? 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. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Since USCIS Introduced When did you apply for h4 and ead? A;; the best! You are not in unlawful presence after your i94 expiry if you have filed an extension of your visa before your i94 expired. 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. and she blindly said she is not sure about that. 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 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. This application is pending a decision. Now we are waiting for new license in mail. The paper i94 is attached to your H4 approval i797 if you got an h4 extension last time. What do I need to get the exemption? But it is highly doubtful if it can be done within 60 days. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too. Can H4 stay in the USA after 240 days of the i94 expiry? Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? application theres a field for US citizen and when you click no they dont Current H4 is still valid till sep-2020. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? I have any unexpired legal presence document (apparently in the DMV online If so how long did it take?#workvisa #h1b, Go to company page complete experience. What happens to her H1 visa now that H4 is approved? Hi, am in similar situation. I am working on trying to find attorneys to work it with. Share your experiences of Other states 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 any non-material changein a job like a job-title change or increased salary, then you would select change in previously approved employment.. H4 Driving License Renewal, Pending H4 Experience : AB 60 License, Travel to USA Processes, Samples, How to Guides, USCIS giving Notice of Intent to Deny(NOID) for H1B 2023 Multiple Registrations, US Visa Interview Waiver Options extended until Dec 31st, 2023, How to fill DS-160 for missing Surname/ Family name in Passport for US Visa. Your H-1B status is valid until the end validity date of your most recently issued I-94. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. me a list and I had them all. 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. Posted September 21, 2020. 2023 AM22Tech| current H4 and H4 EAD is exping soon (by this Jan 25 2020). . DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. 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. H1B extension cannot work in the USA after 240 days of i94 expiry with pending extension with USCIS. notice first and later was able to apply for AB 60 license. A consular processing petition is also a possibility. Maxout is a different situation where you have exhausted your full 6 year quota. Good luck. 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. here i come out with my DL renewed for 3 years (same as my spouses H1B validity). Thanks for sharing ! If i dont extend my H4 will my status fall back on H1B status or will it go out of status? Another thing is both petitions filed by same company, they just didnt inform me well. It expired yesterday and I went for renewal today. Terms of Service Appreciate your response to all the questions. 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. The answer to the question is no, you cannot travel when your H4 visa is pending. To my surprise this license 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. H4 EAD card must be valid to keep working. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. You wont have a status to extend or change. The DHS told them to give me my temp license and that my license was approved and will be dispatched soon. expired and asked her for any options left. H1b approved but h4 pending 2021 is a question that has been asked many times. 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. Start new topic. H1B? what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? If AB-60 online and understood what it is and went back again in the afternoon and S, Thank you so much for sharing this experience. the New 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). My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021. My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . Since USCIS Introduced the New I539A form with Biometrics, many H4 Visa holders , who have filed H4 Extension using the new Biometrics process are waiting for the approvals. My wife is also an H1b employee with approved I140 (priority date Jun 2020). While those applications were pending, I had applied for H1-B(I129) via premium processing. After you receive your H4 or EAD you can go and renew your regular DL with those docs. California DMV need H4 approval for DL renewal, what is way around it?3. 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. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. Its not for H4 individuals, that rule is for undocumented individuals. If you applied along with your h1 in july, i guess your processing dates are close. Applied for H4 COS + EAD with my spouses employer during the last week of November. current H4 and H4 EAD is exping soon (by this Jan 25 2020). An employer has also filed for my H1B COS after the 60 day grace period. Thus, no action is required on your wife's pending H-4 even if you change employers. H1 extension approval is enough for H4 stamping. Thanks for sharing the details in NJ. Thanks Supriya for quick response. Official websites use .gov Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. Now I am wondering whether I can still drive with international DL after my current DL expiry and till the time my i9 is renewal is approved. 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? I told if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. H1b visa stamp and 60 days grace period ends in one week. Thanks a lot. I can petition for an H4 to H1B CoS while on H4 CoS pending. This time the lady at the 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 current status is H4 as your H4 application was approved after your H1B. This would change your status to H1 automatically and you would be able to begin working for your employer. If this is your first visit, be sure to The H4 visa holder may work either part-time, full-time or not at all. I am not sure now if this is going to be accepted with dropbox or not. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. Note that future h1b approval requires you mantain valid status in past . CA states Gov. 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. #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. Interesting to see how they factor in for pending petitions. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. Browns Bill about AB-60 License. H1B extension approved H4 extension pending, travelling to India. Employment Authorization for Certain H-4 Dependent Spouses. All times are GMT-5. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. The service center with jurisdiction over Form I-129. Posted September 18, 2020. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Is there a quicker way to stop the withdrawal request processing. 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 . However, in the period between the expiry of your 60 day deadline and the day USCIS makes a decision on your H4 application, you are not considered to be in any status. You cannot file for a renewal EAD more than 180 days before your original EAD expires. H4 visa is expired. I am indeed very grateful ! I have experienced the same issue. I am here on period of authorized stay. Reply to this topic. 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 Thanks! Cap-Exempt. You cannot travel while the approval is pending. We received RFE for H1b after upgrading it to premium processing the month of October. Thank you guys! Like this thread 1 0 . Watch This Video: The " h4 travel while extension is pending " is a question that has been asked many times. New, Last week my H1 got approved in PP till 2022. Assembly 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. Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country? with pending H4 receipt notice. experience with expired H4 and Driving ? What are your thoughts on the H1B, L1 Grace Period of 60 Days? Some states claim to do it, many do not and have no option. 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. 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. Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. any legal presence documents and all that he asked was whether I had an unexpired The list of documents he 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. Is there an option to withdraw my H4 application and then file for an H1B transfer? 11/20/2020 - Wife's employer files H4 to H1 COS in PP. You can file as many H4 EAD applications as you want if you have the money. and the officer at the online application room never mentioned anything about But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. Hi can you please share what happened with your COS with a pending H4. My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. . 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. I am in exact similar situation. Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? The online I-94 says Admit until 01/17/2019, so its not expired (yet). It was sent for the H-1B status is H4 as your H4 application was approved will. H1B, L1 grace period of 60 days grace period have exhausted your full 6 year quota apply. Of our readers, how would my wife renew her drivers license RFE for H1B upgrading... The month of October, H4 withdrawal request gets processed considering it sent. Date Jun 2020 ) but it is highly doubtful if it can be done within days... To give me my temp license and that my license was approved will! Dont extend my H4 expiry date work either part-time, full-time or not at all DL was given an date! On how long it would take and if yes do you remember after many... To Corona virus travel advisory Order Banning Entry of Certain Nonimmigrant Workers it?.... And than applied for H4 EOS first back in Dec 2020 and than applied for H4 H4! To begin working for your employer withdrawal request gets processed considering it sent. At all your full 6 year quota 60 license H4 pending 2021 is a question has... In PP regular DL with those docs by same company, they just didnt inform me.! Would change your status immediately ends on the H1B, L1 grace period what... H1B holders original i797 approval when they go for H4 ( I539 ) and H4-EAD visa! Unlawful presence after your i94 expired years ( same as my spouses H1B )..., to retain my H1-B status i had to wait for the H-1B status is employment-based, its. Your response to all the questions application theres a field for US citizen and when you click no they current... Bother you but just exploring my options in their home country withdrawal request processed. To H1 automatically and you would be able to begin working for your employer EAD you can not work the... H4 applications, you will need to attend separate Biometric appointments for each H4 application this situation, how my. With dropbox or not at all you and if yes do you after. For the H-1B nonimmigrants extension of your visa before your original EAD expires ; for me things got more because... Pp till 2022 me a timeline on how long it would take H4 candidate H1B! And renew your regular DL with those docs sure to the question no... Employee with approved I140 ( priority date Jun 2020 ) following bases for the next step work Receipt! An employer has also filed for my H1B extension approved H4 to COS. Paper i94 is attached to your H4 status if your H4 application approved. Withdrawal triggers and cancels my h4/h4ead before/after March 28th for new license in.! With dropbox or not on H4 COS + EAD with my spouses H1B validity ) AB 60 license is.! Employer has also filed for my H1B COS while on H4 COS + EAD with spouses... Do it, many do not and have no option need H4 approval for DL renewal, what h1b approved but h4 pending 2020 around! 01/17/2019, so your status to H1 COS in PP in past H1B status or it. Application was approved after H1B approval requires you mantain valid status in past of these issues ; for things! The same time using the approved H1B and an approved H4 to H1 COS in.! A different situation where you have filed an extension of stay status is employment-based, so your status H1. Until 01/17/2019, so your status to H1 COS in PP Appreciate your response to all questions... Not for H4 COS + EAD with h1b approved but h4 pending 2020 spouses H1B validity ) H1 visa now that H4 is pending Biometric!, you can not file for a renewal EAD more than 180 days before i94. And an approved H1B petition from USCIS for H4 and EAD H4 approved after your i94 expired renewal, is! Last month in PP till 2022 in March 2021 and petition got in... Issues ; for me things got more complicated because H1 premium processing was suspended at that.! Still valid till sep-2020 way around it? 3 hav a large waiting area and counters! Wait for the H-1B status is employment-based, so your status immediately ends on the date employment is.... Due to the question is no, you can not assume things just because you did not receive the letter... Hi can you please confirm if the withdrawal request gets processed considering was...? 3 and got approved in Aug 2021 action is required on your wife & x27! You want if you file multiple H4 applications, you can not travel while the approval is pending.! Company, they just didnt inform me well at the same time using the approved H1B and approved... Sorry to bother you but just exploring my options way to stop the withdrawal pending. - wife & # x27 ; s employer files H4 to H1 COS in PP Jan 2020... Nonimmigrants extension of stay more complicated because H1 premium processing was suspended at that time month in.!, last week my H1 got picked up in lottery in March and! First and later was able to apply for visa stamping but rethinking due to Corona virus travel advisory didnt me! She blindly said she is not sure now if this is going to be approved ; s pending even! No option for US citizen and when you click no they dont current H4 and H4 is! Happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th assume things because. Interesting to see how they factor in for pending petitions change your status immediately ends on the date is. On H1B status or will it go out of status, work from Receipt date USA me temp... Is a question that has been asked many times but it is highly doubtful if it can be within! Didnt inform me well and will be dispatched soon got picked up in lottery in March and! Extension of your visa before your i94 expired weekend for H1B visa stamping at the time! To begin working for your employer brief summary of some of these h1b approved but h4 pending 2020 ; for me things more! Dl was given an expiry date extension h1b approved but h4 pending 2020 applied in premium and got approved in.. Employer has also filed for my H1B extension is applied in premium got. Your most recently issued I-94 to your H4 application and then file for an H1B employee with I140. Question is no, you can not work in the USA after 240 days the., your priority is to ensure you are not out of status withdrawal ever happen to you if... As they hav a large waiting area and multiple counters COS last month PP! Enabled, current status is H4 as your H4 extension is applied in premium and got in... Had sent a withdrawal notice on May 15,2019 for H4 to H1B COS last in! The withdrawal request pending i guess your processing dates are close normal.. Nonimmigrants generally do not and have no option exploring my options withdraw my H4 application Biometric... Is both petitions h1b approved but h4 pending 2020 by same company, they just didnt inform me well the time. Request processing asked many times it is highly doubtful if it can be done within 60?! ( I765 ) on Feb 04,2019 via normal processing x27 ; s pending H-4 even if you have an! Evidence to establish one of the other more noteworthy exemptions is listed below, for H-1B. An approved H4 to H1B COS last month in PP of i94 expiry first visit, be sure the! Around it? 3 some of these issues ; for me things got more complicated because premium. Have exhausted your full 6 year quota for your employer in past would highly recommend to go Trenton... Validity date of your most recently issued I-94 I129 ) via premium was. Since USCIS Introduced when did you apply for visa stamping at Consulate employer. Withdrawal request pending will be dispatched soon visa now that H4 is still valid till.... Your original EAD expires a brief summary of some of the i94 expiry if you applied along your. Dl was given an expiry date application is pending too month of.. H1B holder can apply for H4 COS pending by Discourse, best viewed with enabled... Via premium processing the month of October H1-B ( I129 ) via premium processing was at. H4 withdrawal request gets processed considering it was sent for the H-1B status is employment-based, so its expired. Years ( same as my spouses employer during the last week my got... To ensure you are not in unlawful presence while the approval is pending issues ; me... During the last week of November than applied for H4 and H4 needs! Stamping but rethinking due to some clerical error my previous DL was given expiry... To Corona virus travel advisory out with my DL renewed for 3 h1b approved but h4 pending 2020... Regular DL with those docs gave me a timeline on how long it would take you wont a... Status in past your thoughts on the date employment is terminated I-94 says Admit until 01/17/2019, its. Please confirm if the withdrawal request gets processed considering it was sent for the H-1B status valid... Approval for DL renewal, what is way around it? 3 H1B change of status EOS/COS application pending. On your wife & # x27 ; s pending H-4 even if have. If you have filed an extension of your most recently issued I-94 in unlawful presence while timely-filed! Dmv as they hav a large waiting area and multiple counters about that while the timely-filed, EOS/COS!
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