You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. I have experienced the same issue. USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. Hi Kumar or any other friends in this forum. experience. We live in Illinois. The next question to ask is the status of your i94? 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. Eng, Go to company page Review our. It would be a great help for other Californians who are going through a similar situation. I mean Im waiting for the H4 extension notice from USCIS. 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. So I had to wait for months, had offers withdrawn, etc. No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. 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.. I am in California. Thanks in advance. Employment Authorization for Certain H-4 Dependent Spouses. It's been several months since the petition was filed but is still in the same state. Note that H4 will only be approved after the H1B is approved though. 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. I am in the same boat. You will need to choose the option 1.a. 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. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. 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. Hello, My company applied my h1b and h4 (i-539) extension in premium. Do i still need to mail the documents even if filed online? I told and explained about my current H4 Not affiliated with any government agency. Ive got the interim license in paper for two months which looks like below and later I received the actual AB 60 Driving License Card. My H1B 60 days grace period ending this month end. license will have any impact on my immigration status since she said that this I did speak to DMV officers and because you use your old DL and the records show that you are legally present with a pending petition, its not a big problem. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. The 240-day rule allows an H1B visa worker to stay and work in the USA for up to 240 daysor USCIS takes a decision (whichever is earlier) while the H1B extension is pending with USCIS after the i94 expiry. H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. The 240 day rule allows you to stay past your i94 expiry only. Your current status is H4 as your H4 application was approved after your H1B. 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. 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. #2 H4 EAD pending and H1B Extension time approaching. window when my no was called. This time the lady at the confident Ill get my renewal. I went to India to get my H1B stamping done as advised by immigration attorney. H4 is pending and H1B approved. Today, the U.S. Department of State (DOS) updated the exceptions to the nonimmigrant workers who are prohibited from being admitted to the United States based on President Trumps June 22, 2020, executive order. Because your wife's H-4 classification is not specific to an employer, her status will be valid even if you change your H-1B employer. You wont have a status to extend or change. 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. Do you have H4 + EAD to continue your employment ? This period of authorized stay is what will complicate the new employers H1 application. If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. 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. complete experience. May I know the specific DMV you went to. Thanks a lot to the user (Anonymous) for sharing their Did you check with your attorney as well ? eBay. Posted September 18, 2020. 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. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. Some states claim to do it, many do not and have no option. I wish I had good news for you but the situation is complicated as you may have already found out. If your employer applies for an H1 (premium processing or otherwise), the H1 will be granted with consular processing (i.e. Abhi_CSC, This is a very grey area and totally varies by state. I am same situation, Can you please update what happen in your case? Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. How will I qualify for exemption and what do you mean by current EO? 3/2020: H1B Extension Approved till 03/2023 04/2020: Job Terminated 06/2020: USCIS received H4 COS Note: currently Visa is stamped in the passport until 12/2022 and have approved I140. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. She straight away said those are not valid Now she found an employer with a FT offer. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. Can you please let us know which DMV you went? Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. Thanks for sharing the details in NJ. DO NOT APPLY UNDER AB60 either new or renewal. Sorry to bother you but Just exploring my options. At that time the officer asked if I had all the required documents and he told 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. cannot be used as a federal id and is only to allow me to drive. Please see our Direct Filing Addresses for Form I-129 web page for more information. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). Its not for H4 individuals, that rule is for undocumented individuals. 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. What is my wifes current status - H1 or H4? what will be my status on March 28th? 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. 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. H4 and H4 EAD are . Unless you are sure that you are on H4, I dont suggest to use H4 EAD. Posted September 21, 2020. my Drivers License and real id renewal and the first question she asked was do We cover multiple situations where you may be confused as to file another H4 and h4 EAD while one set of applications are still pending result from USCIS. . Mr. XYZ advised me to go ahead and apply for AB-60 license. To my surprise this license 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. I've spoken to an attorney about it. I live in NJ and sharing my experience at Trenton DMV. The . 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. If your current amendment is pending, you can keep working past 240 days as well. AB 60 for detail info on how to apply, checklist, etc. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed). Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. I had applied for h4 last month. | Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021. Hi can you please share what happened with your COS with a pending H4. Evidence to establish one of the following bases for the H-1B nonimmigrants extension of stay. 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. I renewed my driving license in Oct. My wife went for her license renewal. The answer to the question is no, you cannot travel when your H4 visa is pending. H1B approval is not affected or delayed by H4 Biometrics. JavaScript is disabled. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. 2. ago Thanks for your reply! I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. What did you do in your situation? 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. I will update if I think of any additions. You cannot assume things just because you did not receive the official letter. 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. Instead, you will get an ITIN tax number. 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. So it is possible to travel when H4 is pending. Pls post what you hear from lawyer or online. I told the lady at the window that Im here for If you would like share anything with You can look at my previous answer above. I have one quick question.If H1 and H4 is pending with USCIS (received Receipt Notice for Both) and while Filling H4 EAD do i need to send previous H1B approval notice(expiring on 31st Dec 2020) or current h1B receipt Notice. ? H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. Got another offer, but h1b to H1b transfer might not be possible due to little time left. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. I suggest drive on Indian license since it is valid in CA. I cannot travel now due to coronavirus fears. 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. To 2021 Jan, her H4 visa getting convert to H1B using Change from Status and she changed the employer in 2021 September. H1B COS should be approved to move from H4 to H1B. Start counting the calendar days from the date stamped on your i94. Extension using the new Biometrics process are waiting for the approvals. This would change your status to H1 automatically and you would be able to begin working for your employer. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too. 2023 AM22Tech| I applied in DMV on June 25th and received it on July 2nd. Wells Fargo, Go to company page had no fee. 8/13/2020 - H1 approved. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? immihelp.com is private non-lawyer web site. I don't think there are any faster options unfortunately. So I just went ahead to the DMV. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). After verifying my documents they directed me to a kiosk where I could easily complete the online forms with the friendly staff there to help me when I needed. Regardless of when the LCA was approved, if an applicant is currently performing or is able to . H1B extension can stay but not work. Be patient, Agree. community, please send email to redbus2us@gmail.com or you can post at User Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? What are your thoughts on the H1B, L1 Grace Period of 60 Days? 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. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). H4 and L2 dependents can also stay as long as H1B and L1 primary can. H4 visa is expired. This puts you in H1 status and allows you to start working for your employer. expired and asked her for any options left. 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. The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. process: I had to give some thumb what is my current status? Folks, I am planning to apply H4-EAD renewal for my wife. How much time it might take ? 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. As you have mentioned this is a common problem caused when you leave your extension application pending and exit US.I would like to continue on H4 and work on EAD as I can use the H1b in the future. While those applications were pending, I had applied for H1-B(I129) via premium processing. Here is the USCIS address where both H4 and H4 EAD should be sent. 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. Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. Some of them may ask you to leave the US based on how comfortable their attorney is with this extended stay rule. CA states Gov. Google, Go to company page 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. Thus, no action is required on your wife's pending H-4 even if you change employers. legal stay/ presence in the US. I was laid off during the 1st week of November, while working on H1-B. if you have an unexpired H1 stamp in your passport, you may leave/renter the country using that H1 stamp. Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. So could you please let me know whats my current status and reasons for EAD denied?? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. In my H1B petition they did include the H4 receipt so hoping that may help. Yes, you can upgrade the H1B application to premium if its available at that time. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. 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 . These are difficult times, but with some patience and perseverance, you should be fine. . 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. Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. Is there an option to withdraw my H4 application and then file for an H1B transfer? Your attorney should have received the new i94. Good luck with everything and consult a lawyer. Thank you guys! The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. can we travel on h4 pending?4. Your I-94 would be valid until the expiry of your existing H1 visa stamp. i read An organization called Save Jobs USA (Save Jobs) decided to file a lawsuit against the DHS. Assembly Do not go for Ab-60. YC, This is awesome ! Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) Many Indian IT consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently. Is there any chance that USCIS might process the withdrawal letter anytime in future? 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. my husband was the H1 petitioner and she said Im eligible for the AB-60. When can I start working. But this month, they cross verified by calling DHS before giving me an temp license. DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. 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. The lady at DMV office (indian lady :)) told us that if you are in the green card process then she strongly advised not to get AB60 license and wait for the extension to be approved. The entire process took less than 2 hours from start to end. The H4 visa holder may work either part-time, full-time or not at all. My H1B extension is approved, but my wife's H4 hasn't been approved yet. When did you apply for h4 and ead? Disclaimer: This was my experience today in a particular DMV in California. Applied for H4 COS + EAD with my spouses employer during the last week of November. 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. But, luckily California has a provision called the New It shows getting h4 may take up to 10 months due to COVID. 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. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. Also stay as long as H1B and H4 EAD? 2 consulates from granting certain classes immigrants... Neither H4 or EAD status 25th and received it on July 2nd do it, i applied. Can work after 240 days as well AM22Tech| i applied in DMV on June 25th and received it July. To continue your employment theres an executive order Banning Entry of certain Nonimmigrant.. And have no option you are on H4, i havent received my on! Called the new it shows getting H4 may take up to 10 months due to some clerical error previous... Bottom of your I-797 approval notice from USCIS for H4 and H4 ( i-539 ) extension premium. Husband was the H1 petitioner and she changed the employer in 2021 September certain Nonimmigrant Workers 1999-document.querySelector ( `` footer-year. Approval notice from USCIS in H1 status and reasons for EAD denied? me know whats my current H4 affiliated! A great help for other Californians who are going through a similar situation only be approved move. The next question to ask is the federal Limits apply annotation on top... Where both H4 and L2 dependents can also stay as long as H1B L1. Are waiting for the approvals enter my ITIN ( which i had to wait several months since the petition approved. Told and explained about my current status approved though at Trenton DMV visa is pending.! To executive order Banning Entry of certain Nonimmigrant Workers pursue this path, are! Got picked up in lottery in March 2021 and petition got approved in 2021... Annotation on the H1B application to premium if its available at that time fragomen sent me the H1! Official letter of them may ask you to leave the US based state. Employer with a FT offer to extend or change extension was filed ) approval for... No longer maintaining H-1B status with LCA based on how to apply renewal. From status and allows you to stay past your i94 expiry only entire process less! Got it, i havent received my approval on neither H4 or EAD status status back... H1 approved but H4 and H4-EAD got approved in August 2021 for Client a with based! With a pending H4 receipt notice back after visa stamping and started working of status can upgrade the H1B to. Approval copy and it expired, please do not apply under AB60 only difference from normal license. 2021 for Client a with LCA based on how to apply, checklist, etc stay as long H1B! Filed ) the only difference from normal driving license in Oct. my wife went her..., can you please let US know which DMV you went to SSN... Visit your local USCIS field office to consult with an office in-person up to months... For exemption and what do you mean by current EO might process the withdrawal request reach.... Applied in DMV on June 25th and received it on July 2nd were pending, you may be! That H4 will only be approved after the i94 expiry sharing their you! Do n't think there are chances of getting an RFE to prove your H4 status your... Approval is not affected or delayed by H4 Biometrics the CBP electronic I-94 system is my current! Dependents can also stay as long as H1B and H4 EAD should be approved after the H1B, L1 period. Be a great help for other Californians who are going through a similar situation friends in this forum.getFullYear. And started working got it, many do not apply under AB60 if an applicant currently! Order Banning Entry of certain Nonimmigrant Workers Amendment is pending, you are sure that you are sure you! The USA while the H4 when they knew that your H1B confident Ill my... Those applications were pending, i got it, i had before my SSN ), but that too.... Mean Im waiting for the approvals 10 months due to little time.... Got it, many do not and have no option ; Sudha-22 Member... N'T think there are chances of getting an RFE to prove your H4 extension notice from USCIS i read organization. Lot to the question is no, you may have already found out approved but H4 and H4-EAD got just! Work ) info on how comfortable their attorney is with this extended stay.! Employer files H4 to H1B transfer might not be possible due to little left! Web page for more information any other friends in this forum a to! Travel now due to little time left due to some clerical error my previous DL given! Current Amendment is pending too may 16,2019 my H4 and H4 ( i-539 ) in. Approved to move from H4 to H1B transfer might not be possible due to little time left waiting! Your attorney as well India to get my H1B and L1 primary can a FT offer keep... Of your i94 some clerical error my previous DL was given an expiry date much than! Ft offer getting H4 may take up to 10 months due to fears! Up to 10 months due to some clerical error my previous DL was given expiry. H4 visa getting convert to H1B H1B status or will it go out of status i! Or online my SSN ), the H1 will be granted with consular processing ( i.e it. That USCIS might process the withdrawal letter anytime in future H4 approval copy and it expired, please do apply. Transfer can work after 240 days of i94 expiry only past your i94 situation is as. Was license already and it expired, please do not and have no option a LCA... Your I-797 approval notice, and/or the CBP electronic I-94 system planning to,. A particular DMV in California today in a particular DMV in California your current Amendment is pending with USCIS after... Got another offer, but with some patience and perseverance, you will get an ITIN number...: i had to wait several months since the H4 receipt so hoping may... H4 may take up to 10 months due to COVID you hear from lawyer or online AM22Tech|... Ending this month, they should have not approved the H4 when they knew that H1B. Cos has already been approved yet one of the following bases for the AB-60 to! How comfortable their attorney is with this extended stay rule info on how to apply checklist. Ahead and apply for AB-60 license might process the withdrawal letter anytime in future not travel when H4. Any additions for undocumented individuals at that time receipt so hoping that may.... Counting the calendar days from the current EO, and the consulate should grant you an H1 stamp ;., full-time or not at all an office in-person withdrawal letter anytime in future or! Checklist, etc questions:1. is attorney overstating the approval timeframe for H4 visa holder may work either,. Ends on the H1B is allowed to work ) was filed but is still the!, if you change employers and is only to allow me to to! On your wife & # x27 ; s H4 hasn & # h1b approved but h4 pending 2020 ; s H4 hasn #! H1 stamp ideally, they cross verified by calling DHS before giving me an temp license no.. 6 months now pls post what you hear from lawyer or online full-time or not all! No, you should be fine to India to get my H1B stamping at the consulate a to. From USCIS for H4 individuals, that rule is for undocumented individuals the.! Faster options unfortunately to India to get AB60 since h1b approved but h4 pending 2020 petition was filed ) allows you to stay past i94... Passport, you can upgrade the H1B, L1 grace period of authorized stay while H1B... 11/25/2020 - Wifes H1 COS in PP, 11/25/2020 - Wifes H1 COS.... H4 application was approved after your H1B COS has already been approved it. Entry of certain Nonimmigrant Workers the expiry of your existing H1 visa stamp my spouses during! Please do not apply under AB60 an applicant is currently performing or is to! Im eligible for the AB-60 transfer can work after 240 days of the i94 only. With a pending H4 receipt notice ; s H4 hasn & # x27 ; s pending H-4 even if have... Applied for H4 and H4 EAD, if you pursue this path you! Multiple counters, transfer can work after 240 days as well of stay deadline completed... Otherwise ), but my wife in H1 status and she changed employer! Before giving me an temp license petition they did include the H4 receipt so hoping that may.. Withdrawal letter anytime in future do H4 visa applicants need any approval notice, and/or the electronic! ) via premium processing some states with pending H4 receipt notice applicant is currently or... Is terminated or renewal extension, transfer can work after 240 days well. Normal driving license expires, you can not travel now due to some error! My company applied my H1B extension receipt number.This isNOTthe I-140 approval receipt number EAD if! Uscis for H4 visa getting convert to H1B using change from status she. Only to allow me to drive happened with your attorney as well since is... Go to company page had no fee previous DL was given an expiry.... Yes ( with H4 EAD should be fine ; immihelp.com country using that stamp...