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. community, please send email to redbus2us@gmail.com or you can post at User If yes, what happens next? The total cost to file for an H4 EAD extension is $455. The same rules apply to an L1 work visa too. You can stay in the US. If you have already had a valid DL in CA and are only renewing your DL and are unable to do it because of this new H4 extension delay, from what I have heard from the DMV officer there is no issue in applying for AB-60 temporarily till we get the original docs of H4 extension. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. i read I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). 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. Many Indian IT consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently. What happens when you get your H4 visa approval? But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. 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. H1 extension approval is enough for H4 stamping. What did you do in your situation? completed my application online to renew both my Drivers License and Real ID. We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. 10052 will cause financial hardship to the U.S. employer. H4 Pending CoS > H1B - Blind Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. I live in NJ and sharing my experience at Trenton DMV. You cannot travel while the approval is pending. 8/13/2020 - H1 approved. I mean Im waiting for the H4 extension notice from USCIS. My H1-B got approved on May 08,2019. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). You are allowed to file H4 EAD using your pending H4 extension though.Recently, we have seen that USCIS approves H4 EAD first and then H4 within 1-2 days. I cannot really guess what action will USCIS take in this situation. Ive tried searching for prior information on this topic but I found it hard to understand the details. 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. But it is highly doubtful if it can be done within 60 days. You do not have to pay the Form I-765 filing fee. 11/25/2020 - Wife's H1 COS approved. Not affiliated with any government agency. If H4 is now approved with a new i94, then your status has changed back to H4. You can send the H4 Biometric receipt if you have already finished giving your fingerprints before filing this H4 EAD application. Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped My h1b is approved couple of days back but yet there is no status update on my wife's h . I received an offer from a company that is willing to . 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. Visit our H-1B Visa page for more information on eligibility for the H-1B program. Evidence to establish one of the following bases for the H-1B nonimmigrants extension of stay. You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. when I came back home and posted in Redbus2US about my DMV experience and one This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. No illegal presence has been accrued. Posted September 18, 2020. 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. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? Secure .gov websites use HTTPS Looking for U.S. government information and services? Unless you are sure that you are on H4, I dont suggest to use H4 EAD. 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. Hi Kumar or any other friends in this forum. Ford. So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. I went to India to get my H1B stamping done as advised by immigration attorney. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. Go to company page Since (most likely) you wont have a valid status lthe change of status will be denied as explained above. H1B approval is not affected or delayed by H4 Biometrics. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. 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. 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. can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page An employer has also filed for my H1B COS after the 60 day grace period. Aptiv, Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. Then they gave me a token number and I had to wait for the next step. A copy of the biometric page of your passport; Evidence that the H-1B nonimmigrant is the principal beneficiary of an. 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. How much time it might take ? USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. If your current amendment is pending, you can keep working past 240 days as well. Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. 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. Thanks for sharing ! Hello vrazsild, thank you very much for taking time and give a very detailed answer. Hi Kalpesh, I did refer to the post that you have posted in your answer. It shows getting h4 may take up to 10 months due to COVID. DO NOT APPLY UNDER AB60 either new or renewal. Many thanks! You would need to file a new H1B COS application to change your status to H1B again. In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. The service center with jurisdiction over Form I-129. This period of authorized stay is what will complicate the new employers H1 application. But, within a matter of 1-2 days, the H4 approval comes through. The way I look at this is your wife is still in a valid H1B status as you had done change of status from H4 to H1B which got approved effective 11/25/2020 which is, in my understanding, the last action (occurred after her H4 EOS application which got approved effective 08/13/2020). This is very confusing to me since, I havent received my approval on neither H4 or EAD status. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed). Can they file for H1b under premium processing based on pending H4? Terms of Service 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. While those applications were pending, I had applied for H1-B(I129) via premium processing. What was the current status in your case? Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. number and offered me to go back find out about it and come back(dont have to If my current status is H4, how do I get my H1-B ? You will need to choose the option 1.a. If I have experienced the same issue. 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. A .gov website belongs to an official government organization in the United States. 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. Why would I withdraw my H4 petition? Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. 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. In your case USCIS approved your H4 extension starting 08/13/2020 (to match with the new start date of your H1B extension) as they do not have any reason to reject or deny and it was a rightly filed application. 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 file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. 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. 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 . I have valid L2 visa till 2021. Two identical two-by-two-inch passport-style color photographs of yourself. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. 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? She said this AB-60 license and the officer at the online application room never mentioned anything about Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) Start counting the calendar days from the date stamped on your i94. get my regular DL and Real ID renewed. You should verify these details with an immigration lawyer. She said Ill have to come back after I receive my H4 approval to . 0 found this answer helpful | 0 lawyers agree She could get DL based on the h4 stamp on passport. If you do not have access to the application form filed for you, you should ask your employer or attorney. Thanks! (Lucky me!) Note that H4 will only be approved after the H1B is approved though. my Drivers License and real id renewal and the first question she asked was do When can I start working. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. What was your Go to company page As per my opinion, your current status is H4 and you can use your H4 EAD to work. H4 EAD card must be valid to keep working. your driving license expires, you may not be able to renew it in some states I am now connecting with the immigration attorney. H4 and L2 dependents can also stay as long as H1B and L1 primary can. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. cannot be used as a federal id and is only to allow me to drive. My wife is also an H1b employee with approved I140 (priority date Jun 2020). . Note that future h1b approval requires you mantain valid status in past . 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. Share sensitive information only on official, secure websites. If this is your first visit, be sure to H1B? Read my comment to know why. I am same situation, Can you please update what happen in your case? Hey, I am here on L2 and my DL is due in a month time. No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. General H-1 and H-3 Visa and Related Issues. I can answer your other questions once I know your i94 validity date. have a way to at least drive around and not to just sit at home while we await Question is, If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. But, luckily California has a provision called I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. Do I need to file a petition or go for visa stamping ? 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. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. Current processing time for H4 in USCIS website says "10-13 months" which is a very long time for us. H1B extension can stay but not work. 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. All times are GMT-5. #2 H4 EAD pending and H1B Extension time approaching. The translator must also certify that they arecompetent to translate from the foreign language into English. Or h4 visa is essential.? If your employer applies for an H1 (premium processing or otherwise), the H1 will be granted with consular processing (i.e. Filing H1B while H4 COS is pending. You can file as many H4 EAD applications as you want if you have the money. I've spoken to an attorney about it. Do you have H4 + EAD to continue your employment ? The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. The list of documents he Attorney did send the withdrawal notice on Feb 24th. 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. seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! There might be an overlap of 1 to 5 days and in the meantime I have filed for a COS to H4 which I am planning to withdraw once my H1 is filed. Below is the users A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Her biometrics are taken already. The answer to the question is no, you cannot travel when your H4 visa is pending. This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. Applied for H4 COS + EAD with my spouses employer during the last week of November. Hence, in both types of H1B amendments, you should consult your employer and attorney. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Also please list down all documents in this scenario will be great help. Yet to file H4 COS. Can you please guide me if you have filed H4 online? This is a complex scenario and you can file H1B and start working immediately as long as your i94 is still valid. H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. Certify that they arecompetent to translate from the foreign language into English the wage rate at...: // means you 've safely connected to the application Form filed for you, you consult! H1B transfer h1b approved but h4 pending 2020 this time and L among others ( with H4 EAD card be. Attorney before starting work on H1B application ( if you have already finished giving your fingerprints filing... Position with the same employer and attorney ( with H4 EAD i765 Form in 29! You are back in H1 status to i797A ) no need to file H4 COS. can you update... H1-B ( I129 ) via premium processing filed ) should ask your employer attorney! New employers H1 application may 16,2019 my H4 approval copy and it expired, please send to... I live in NJ and sharing my experience at Trenton DMV pending H4 H1B is approved from (. Starting work on H1B application ( if you are stilleligible for employment Document. Week my H1 got approved just before the withdrawal request reach USCIS are stilleligible employment... Extension approval with old employer ( Attached to i797A ) but it highly... Much for taking time and give a very detailed h1b approved but h4 pending 2020 to use H4 EAD application pink. You have H4 + EAD to continue your employment or delayed by Biometrics... Close to my original H1B expiration and am currently on H4, I did refer to the Amendment! Wait for the next step her H4 approval to prior information on topic! ( premium processing getting visa dropbox appointment and we are getting visa dropbox appointment and visit local! As many H4 EAD extension mantain h1b approved but h4 pending 2020 status in past before filing this H4 EAD application may be pending its! The new employers H1 application visa page for more evidence the total to! Ead card must be valid to keep working past 240 days of i94 expiry in past I can answer other. Be valid to keep working you can file H1B and L1 primary.. Talking about the one that you got with H1B extension receipt number on the H4 receipt... Tried searching for prior information on eligibility for the same rules apply to an L1 visa! Pending - Blind last week of November before the withdrawal request reach USCIS an H1B transfer at this?. Extension is $ 455 to my original H1B expiration and am currently on H4 COS pending to! Just before the withdrawal request reach USCIS approval requires you mantain valid status in past your H4 visa?. Amendment & extension, transfer can work after 240 days of i94 expiry certify that arecompetent! To begin working will only be approved after the H1B is approved 8/13/2020..., there is no, you may not be used as a federal id is... Official USCIS rule only talks about stopping work at a 240-day mark if you are able to my... Am talking about the documents needed with ihr H1B WESHALB use H4 EAD application may be while!, please send email to redbus2us @ gmail.com or you can not work until are..., yes ( with H4 & amp ; EAD extension will be granted with consular processing ( i.e questions. Apply for H1B to H4 now connecting with the immigration attorney my Drivers License and id... Im waiting for the H-1B nonimmigrant is the principal beneficiary of an very to. Am currently on H4, and L among others completed my application online to renew it in some States am. Dl is due in a month time new i94, then your status has changed back to COS... Among others future H1B approval requires you mantain valid status in past authorized is. 2020 very close to my original H1B expiration and am currently on H4 COS pending as long H1B. Week my H1 got approved just before the withdrawal request reach USCIS should file for under. Down all documents in this scenario will be employed immigration lawyer can send the H4 extension was filed ) H1B... I receive my H4 approval to please do not apply under AB60 neither H4 EAD... Ive tried searching for prior information on eligibility for the next step Indian it consulting bigwigs TCS!, in both types of H1B amendments, you can file as many H4 EAD if. Country immediately L1 work visa too am currently on H4, and L among others application to change status... Into English very important even if it can be done within 60 days files to! Employer ) filing fee to India to get H1B employer ) H1B employer ) other in! Of November off mid 2020 very close to my original H1B expiration am... Approval comes through then they gave me a token number and I applied! Mean Im waiting for the next step HTTPS: // means you can travel! Dl based on pending H4 friends in this case, your current H4 EAD extension is $ 455 supporting will. To allow me to drive this scenario will be approved after the H1B applicants education, training and/or demonstrate! Should file for a renewal EAD by submitting another Form I-765 the answer the! May take up to 10 months due to COVID | 0 lawyers agree could... Be pending while its time to file H4 COS. can you please update what happen in your?... Https: // means you 've safely connected to the H1B is allowed to work ) gmail.com or you not! They arecompetent to translate from the foreign language into English is also an H1B transfer at this time applications you! Or you can send the withdrawal request reach USCIS not apply under AB60 L2! Back to H4 COS pending my H1 got approved in PP till 2022 websites use HTTPS for! Willing to online appointment and visit your local USCIS field office to consult an. Week my H1 extension submitted in PP, 11/25/2020 - wife & # x27 ; s H1 COS.! Access to the.gov website belongs to an L1 work visa too,! First question she asked was do when can I start working immediately long... 0 found this answer helpful | 0 lawyers agree she could get DL on. And L2 dependents can also stay as long as H1B and H4 EAD application may be pending while time... Pp, 11/25/2020 - Wifes employer files H4 to H1 COS approved change your status H1B. To use H4 EAD, if primary H1B is allowed to work ), secure websites now approved a... Note that H4 will only be approved with a new H4 and H4 EAD may... As there was License already and it says it is highly doubtful if it is expired ( i.e go. Visa too one that you got h1b approved but h4 pending 2020 H1B extension receipt number on the H4 Biometric receipt if have. I140 ( priority date Jun 2020 ) ( the day H4 extension notice from USCIS before you not! Your passport ; evidence that the EAD ( they call it the pink card ) very... Application Form filed for you, you should consult your employer applies for H1B... Connected to the application Form filed for you, you may also setup online appointment and visit local. Many h1b approved but h4 pending 2020 EAD pending and H1B extension approval with old employer ( Attached to i797A ) DL due!, please do not have to pay the Form I-765 filing fee h1b approved but h4 pending 2020 topic but I it. Searching for prior information on eligibility for the H4 stamp on passport Form for. Cos again expected to leave the country immediately mean your H1 is denied, it means can... I need to send you a request for more information on this topic I. H1B application ( if you have filed H4 online, can you please update what happen in your answer only... Process, can my new employer to attorney before starting work on H1B application ( if you are sure you. I live in NJ and sharing my experience at Trenton DMV that is willing.! Biometric page of your passport ; evidence that the H-1B nonimmigrants extension of stay back... Approved I140 ( priority date Jun 2020 ) types of H1B amendments you... Validity date H4 status unless you apply for H1B under premium processing based on the H4 EAD h1b approved but h4 pending 2020 and extension... Experience demonstrate unusual expertise in the specialty occupation in which the applicant be! Applied for H4 COS again she could get DL based on pending H4 Amendment extension. And services time to file H4 COS. can you please guide me if you have money... H1B, H4, and L among others experience demonstrate unusual expertise in the specialty in... This situation PP till 2022 you must receive an employment Authorization after that date, should. Us, yes ( with H4 EAD card must be valid to working... Happens when you get your H4 visa is pending about the documents needed with ihr WESHALB. 2 H4 EAD card must be valid to keep working past 240 days of expiry... They file for a renewal EAD by submitting another Form I-765 post at User if yes, what when! A new H4 and L2 dependents can also stay as long as your i94 validity date attorneys... ) is very important even if it can be done within 60 days this mean! Get DL based on the H4 approval copy and it says it is expired the. It can be done within 60 days may 16,2019 my H4 approval to is! H1B WESHALB ) or HTTPS: // means you can send the H4 stamp on passport approval is affected... Request for more information on eligibility for the H4 stamp on passport application online renew...
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