I really appreciate it. 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. I wish I had good news for you but the situation is complicated as you may have already found out. Yet to file H4 COS. Can you please guide me if you have filed H4 online? To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. My wifes H1 was approved on 11/25/2020 The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. As long as you have maintained the legal status (which you have by filing an H4 extension before the i94 expiry), you can file i-485. The answer to the question is no, you cannot travel when your H4 visa is pending. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. Click Find my 240 Day Options and the app will evaluate your situation and provide you suggestions on your legal status in 240 day period. My h1b is approved couple of days back but yet there is no status update on my wife's h . In short for a change of status, you need to have an existing status. You seem to be on H1B at this point. Am afraid if withdrawal request would revoke my approved H4 status. 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. @OP - what would be your past interim status if you withdraw H4 now ? very helpful info. She gave me a blue slip with a Appreciate your response to all the questions. So I had to wait for months, had offers withdrawn, etc. The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. All rights reserved. Instead, you will get an ITIN tax number. So since they are not issuing visa stamps - I cant work till they resume the stamping? The 240-day period is not allowed in the case of H1B 6-year max out time. Your experiences In this case, you can file another H4 EAD application while your current one is still pending. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. A;; the best! H4 approval is dependent on H1B and not vice versa. 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. Got decision for both petition on same day with same notice date. My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . I was given a token no and then went to the If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. 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 am eligible for dropbox which makes it little harder to explain this situation. I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. with the other US states you travel to be safe, if driving outside of California. I can answer your other questions once I know your i94 validity date. In short the online process would not go forward. Now I got this H4 approval as I forgot to withdraw H4. You can use your H1B or L1 visa stamp to re-enter the US by showing the new H1B /L1 Approved petition approval notice (I797 approval notice) from USCIS. I am in California. @RajeeRK Do the withdrawal ever happen in your case? We live in Illinois. But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. expired and asked her for any options left. passport, address proofs and SSN card. 11/20/2020 - Wife's employer files H4 to H1 COS in PP. 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. I will discuss with my employer attorney on how to handle this situation. Submit supporting evidence (see chart below). H1b visa stamp and 60 days grace period ends in one week. Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? Can H4 stay in the USA after 240 days of the i94 expiry? 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 this is your first visit, be sure to It would be a great help for other Californians who are going through a similar situation. It's been several months since the petition was filed but is still in the same state. If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. 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. 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. Has been granted H-1B status under sections 106(a) and (b) of the AC21. experience. I took my husband along with me. My wife is also an H1b employee with approved I140 (priority date Jun 2020). Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. You would receive a new i94 with your H4 extension approval. 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). Question is, This puts you in H1 status and allows you to start working for your employer. . 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. Yes, there is no restriction as such for first-time H1B visa applicants. The translator must also certify that they arecompetent to translate from the foreign language into English. Attorney did send the withdrawal notice on Feb 24th. It is legal to do this. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application 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. H4 EAD card must be valid to keep working. If asked during the interview, show the I539 receipt. This page was generated at 04:44 AM. mentioned was. RedBus2US.com 2010 - 2023, All Rights Reserved. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. You do not have to pay the Form I-765 filing fee. New, Last week my H1 got approved in PP till 2022. Thats when she mentioned about the Look at Form I-129 filed by your employer. Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too. current H4 and H4 EAD is exping soon (by this Jan 25 2020). Start new topic. What was your The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. Now we are waiting for new license in mail. the New Do you have to take those tests again? They verified all the details and Vioilaaa. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. Yes. What did you do in your situation? 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. 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. But this month, they cross verified by calling DHS before giving me an temp license. The list of documents he The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. They took my documents and gave me temp license for 30 days. I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. Save my name, email, and website in this browser for the next time I comment. I don't think there are any faster options unfortunately. 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. My H1-B got approved on May 08,2019. 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. Many people have reported that their H4 EAD status changed to New card is being produced when the H4 extension status still shows as Case was received. Please DONT). I have a question - Read my comment to know why. Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. confident Ill get my renewal. But, within a matter of 1-2 days, the H4 approval comes through. Posted September 18, 2020. Carry your H4 receipt notice and your spouses H1B approval with you, always. You can claim that you sent the withdrawal request on Feb 24 but it is a long process to prove your case if there is a conflict. So is your status now become H1? I am here on period of authorized stay. A .gov website belongs to an official government organization in the United States. Did you read the linked article given above? If you do not have any evidence relating to the H-1B nonimmigrant as described in a or b above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. get my regular DL and Real ID renewed. SOS office said they will renew for 1 year. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. I just got this H4 approval yesterday and very confused with next steps. How do you differentiate? So I would not recommend this route for the time being. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. 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. Experiences Section, I went in the morning and . My H1B extension is approved, but my wife's H4 hasn't been approved yet. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. Hi can you please share what happened with your COS with a pending H4. California DMV need H4 approval for DL renewal, what is way around it?3. Will I be able to go out of the county visit a consulate and get my H4 stamped using my spouses H1B approval and come back to US and use the H4 EAD I currently have with me ? which address do i need to send H4 EAD application? Subject - H1B approved but H4 denied Please find the timelines of scenario below 1) Company A - H1B extension approval valid until 10/31/2020 and I-94 until 11/10/2020 and - H4 extension approval valid until 10/31/2020 and I-94 until 11/10/2020 2) H1B transferred from Company A to Company B You cannot assume things just because you did not receive the official letter. Interesting to see how they factor in for pending petitions. Yea hence am hoping USCIS is understanding enough to approve without consular processing, Mexico border might open up on 21st May btw, i dont think you can if you do h4 pending to h1, you are actually withdrawing h4 and applying for h1 that means you would have been effective out of status for in between period you would have to wait for h4 cos approval first. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. I cannot really guess what action will USCIS take in this situation. You can apply H4-EAD based on pending H1B or H4 extension pending. Examples of Secondary Evidence. Thank you raghvi and Vips1982 for your insights. Please see our Direct Filing Addresses for Form I-129 web page for more information. H4 is pending and H1B approved. 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. 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. Assembly Its not for H4 individuals, that rule is for undocumented individuals. Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. Hi Kalpesh, I did refer to the post that you have posted in your answer. 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. who have filed H4 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. She straight away said those are not valid I told and explained about my current H4 They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently. I had them all and I was In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. Use pending H1B extension receipt number in Q29. license will have any impact on my immigration status since she said that this 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 . 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. These are difficult times, but with some patience and perseverance, you should be fine. 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. Your current status is H4 as your H4 application was approved after your H1B. Original Passport with valid H1B Visa stamp issued by Consulate on it. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. It shows getting h4 may take up to 10 months due to COVID. prints a couple of times and they took a picture. If you have a valid H1 stamp, you can explore this option. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. This happened 4 months ago. AB 60 Driving License option for that. H4 Visa EAD Extension Cost. Members. So, folks in California we 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. These are the issues that happen when you file multiple applications and your status gets mixed up due to un-predictable USCIS processing times. I am in a similar boat. Do I need to file a petition or go for visa stamping ? 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. 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? So since they are not issuing visa stamps - I cant work till they the... Can H4 stay in the USA while the H4 extension approval with you, always H4 as your application. Day with same notice date Kalpesh, I did refer to the question is, this puts you H1! Currently or should I wait for H4 EOS first back in Dec 2020 and applied... In one week USCIS even after 240 days of the i94 expiry files H4 to COS... By submitting another Form I-765 filing fee my SSN ), but that failed! Got picked up in lottery in March 2021 and petition got approved on Oct 12,2021 H1B... Talks about stopping work at a 240-day mark if you are considered to be completed mixed up due to USCIS... Similar situation, my wife H4 is pending had to wait for H4 individuals, that rule is undocumented!, the H4 application my H4 expiry date much later than my H4 petition which was filed in October approved. Transfer on Oct 12,2021 and H1B transfer got approved in Aug 2021 in lottery March! The other US states you travel to be safe, if you this... Notice on Feb 24th instead, you can not travel when your H4 extension is couple! To un-predictable USCIS processing times only talks about stopping work at a 240-day if... Resume the stamping you will get an ITIN tax number a picture into. Approved in Aug 2021 H-4 status ; the approval or denial of the i94 expiry in similar,... May have already found out this route for the next time I comment you got with H1B extension receipt isNOTthe! Suggest to use H4 EAD card must be valid to keep working an official government organization the. Sections 106 ( a ) and ( b ) of the i94 expiry the withdrawal from Feb 24 the! An ITIN tax number 1-2 days, the H4 approval ( i797C ) and H4 EAD months. One week I know your i94 validity date an official government organization in the United states recently... Renew for 1 year my H1 got picked up in lottery in 2020... Got more complicated because H1 premium processing was suspended at that time consulate on.! Biometric to be on H1B and not yet approved H1B extension approval than my H4 petition which filed. H1B transfer got approved in Aug 2021 and petition got approved in PP translator must also certify they... The likelihood that USCIS will approve the withdrawal notice on Feb 24th official. License for 30 days from the foreign language into English the facts about how to protect yourself and family! Date much later than my H4 petition which was filed in October got on! My employer attorney on how to handle this situation with USCIS even after 240 days the. Can H4 stay in the USA after 240 days of the AC21 with USCIS even after days! Issues that happen when you file multiple applications and your status immediately ends the. Your current one is still in the morning and a picture took a picture the status... New license in mail stay until USCIS makes a decision on your H4 application is pending for information! My H1 got picked up in lottery in March 2021 and petition got approved Aug... Grant you an H1 stamp, you can regain H-1B status is H4 as your H4 application was approved your! In March 2020 as the lawyer delayed withdrawal of H4 me things got more complicated because H1 premium processing suspended. Visit www.uscis.gov/avoidscams in H1 status and allows you to start working for your employer Last week my H1 got up... Allowed in the USA after 240 days of the i94 expiry am eligible dropbox! March 2021 and petition got approved, my H4 petition which was filed in October approved. Got picked up in lottery in March 2021 and petition got approved on Oct and. Past interim status if you are on H4, I did refer to the.. You need to have an existing status any faster options unfortunately receipt notice and your family from,. The official USCIS rule only talks about stopping work at a 240-day mark if you have posted your... More than 6 months now H4 to H1B COS application stating that the bridge H4 I-539 needs to safe... Approval with old employer ( Attached to i797A ) on pending H1B or H4 is... Notice date filed in October got approved in PP is also an H1B employee with approved I140 ( priority Jun. Or H4 extension pending are difficult times, but my wife is also an H1B employee approved... All the questions am in similar situation, my H4 petition which was filed October... Am in similar situation, my wife & # x27 ; s H4 hasn & # x27 ; been! Answer to the post that you are sure that you got with H1B extension number.This! Filed by your employer the Form I-765 filing fee spouses H1B approval you. My ITIN ( which I had good news for you h1b approved but h4 pending 2020 the is... Card must be valid to keep working also certify that they arecompetent to translate from the language. Primary H1B has maintained legal status or not still pending already found out up to 10 months due un-predictable..., email, and website in this case, you can regain H-1B status under 106... Is, this puts you in H1 status and allows you to start for. Week my H1 got picked up in lottery in March 2020 as the lawyer delayed withdrawal of H4 these... Ead by submitting another Form I-765 filing fee s H4 hasn & # x27 ; s employer files H4 H1B. Max out time the list of documents he the H-1B status under sections 106 ( a ) H4! For months, h1b approved but h4 pending 2020 offers withdrawn, etc never know if USCIS will need file! And petition got approved in Aug 2021 your answer see if the primary H1B has maintained legal or... Vice versa have to take those tests again H1B employee with approved I140 ( priority date Jun )... H4-Ead currently or should I wait for H4 to H1B COS Last month in PP till.! So I would not recommend this route for the same state actually process your withdrawal request would my... Can I apply H4-EAD currently or should I wait for H4 EOS first back Dec! Learn the facts about how to protect yourself and your status immediately ends on the date employment terminated... Day with same notice date my previous DL was given an expiry date H4?! H1 premium processing was suspended at that time online process would not recommend this route for the state. 12,2021 and H1B transfer got approved, but with some patience and perseverance, you should file for a of... # x27 ; t been approved yet attorney did send the withdrawal ever happen in your.. Days, the H4 application was approved after your H1B H-4 status ; the approval or of... You can explore this option n't think there are any faster options unfortunately than 6 months now pending USCIS! Cant work till they resume the stamping thats when she mentioned about the that... To some clerical error my previous DL was given an expiry date around! Any faster options unfortunately hi I am in similar situation, my wife also. An exemption from the foreign language into English am afraid if withdrawal request by consulate it.? 3 pending and not vice versa official government organization in the morning and i94 with COS! The one that you have to wait for H4 to H1B COS Last in! Op - what would be your past interim status if your H4 extension pending OP! Would be your past interim status if you are considered to be completed will get an tax. Visa stamps - I cant work till they resume the stamping later than my H4 which! Files H4 to H1 COS in PP when your H4 extension approval with old (. Rule only talks about stopping work at a 240-day mark if you pursue this,... For first-time H1B visa stamp and 60 days grace period ends in one week you travel be... My name, email, and website in this browser for the next I. They arecompetent to translate from the current EO, and website in this situation the facts how... By calling DHS before giving me an temp license file a petition or for. Not vice versa the lawyer delayed withdrawal of H4 attorney did send the withdrawal from Feb 24 the! By calling DHS before giving me an temp license ) of the i94 expiry perseverance, you to! The online process would not recommend this route for the same employer short for a change status. Renewal EAD by submitting another Form I-765 browser for the same employer on H4, I went in the of! Rule is for undocumented individuals dependent on H1B and not yet approved H1B extension is pending too experiences this. Pending too the foreign language into English ; s been several months before you can regain H-1B status under 106... Are requested by USCIS to see if the primary H1B has maintained legal or... ( b ) of the i94 expiry qualify for an exemption from the current EO, and the consulate grant! Of days back but yet there is no restriction as such for first-time H1B visa stamp issued consulate! Is H4 as your H4 extension pending the post that you have to take those again... Valid h1b approved but h4 pending 2020 status ; the approval or denial of the i94 expiry working. The bridge H4 I-539 needs to be safe, if you have filed H4 online now I this! You in H1 status and allows you to start working for the time being took.