h1b approved but h4 pending 2020

Generally, the H-4 can be extended through USCIS whenever the H-1B Beneficiary is also subject to an extension petition. The list of documents he 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. Facebook. I live in LA. H1B COS should be approved to move from H4 to H1B. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? Apply H4-EAD based on pending H1B or H4 extension pending. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Since USCIS Introduced Thanks! @Shiv Check with your attorney. You can consult your employers immigration lawyer in case of further doubts. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. I live in NJ and sharing my experience at Trenton DMV. 2023 AM22Tech| I have finally found an employer who is ready to file for. Look at Form I-129 filed by your employer. In my case I have H1B + H4 EAD and my attorney submitted withdrawal application for H4 EAD before approval, still I got H4 + EAD approval. Your wife's H-4 status is contingent on the continued validity of your H-1B status. that you may use it to drive in other states, but suggested to double check Which service center was your case processed at? My H4 (and hence my EAD) are both pending renewal following the biometrics process which is underway. 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. My employment ended in March 1 and I just found an employer who can file a new H1B for me. Thanks a lot. Regardless of when the LCA was approved, if an applicant is currently performing or is able to . If you don't have a valid visa, you are likely to face difficulties in obtaining a consular appointment due to the closures, and even appointments already booked can be cancelled by the consulates on short notice. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. Instead, you will get an ITIN tax number. any legal presence documents and all that he asked was whether I had an unexpired It's been several months since the petition was filed but is still in the same state. If the H4 application is pending, you are in a period of authorized stay, which is not a legal status, but it does allow you stay in the country while they work on adjudicating the H4 application. Her EAD approval date says - 6/30/2021. 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. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. Go to company page previous h4/h4ead valid till March 27th 2020 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. H4 Visa EAD Extension Cost. In this case, you can file another H4 EAD application while your current one is still pending. Online i94 is probably showing your old record. My h1b is approved couple of days back but yet there is no status update on my wife's h . Your prompt responses are very helpful. Your H1B visa stamped in your passport becomes void after the H1B denial by USCIS. They said theyll mail me a temporary card for 3 months. If so how long did it take?#workvisa #h1b, Go to company page Disclaimer: This was my experience today in a particular DMV in California. H1B approval is not affected or delayed by H4 Biometrics. Has it already expired? 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. Submit supporting evidence (see chart below). I have a similar situation my H4 extension which was filed in Dec 19 got approved recently. 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. Did your wife went after her license was expired or near expiration date? These are difficult times, but with some patience and perseverance, you should be fine. I mean Im waiting for the H4 extension notice from USCIS. Wait is not too long!! Yes, there is no restriction as such for first-time H1B visa applicants. confident Ill get my renewal. 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. Applied for H4 COS + EAD with my spouses employer during the last week of November. Share sensitive information only on official, secure websites. Watch This Video: The " h4 travel while extension is pending " is a question that has been asked many times. If asked during the interview, show the I539 receipt. Status is Period of Authorized stay. In December 2021, President Biden submitted the regulation for OMB review. Good luck. Kalpesh_Dalwadi (Kalpesh Dalwadi) July 8, 2021, 2:27am #4 Thanks. . If yes, can it be a standard H1B transfer or do they need to file for a consular H1B with a change of status application? 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. window when my no was called. She straight away said those are not valid i read The same rules apply to an L1 work visa too. Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. Visit our H-1B Visa page for more information on eligibility for the H-1B program. They mentioned, it can take up to two weeks, I received it on time. 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. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. If your current amendment is pending, you can keep working past 240 days as well. I am eligible for dropbox which makes it little harder to explain this situation. Do I need to file a petition or go for visa stamping ? Below is the users Attorney did send the withdrawal notice on Feb 24th. Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. 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. 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. Your attorney should have received the new i94. These same individuals may ask that you pay them to file such forms. In your case, you can get back in H1 status via two ways: Got it. Restarted working on H1. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. You should write your most recent H4s i94 number. Folks, I am planning to apply H4-EAD renewal for my wife. 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. Ive tried searching for prior information on this topic but I found it hard to understand the details. To my surprise this license I don't think there are any faster options unfortunately. The expired EAD issued under the same category, Category C26. A consular processing petition is also a possibility. 11/20/2020 - Wife's employer files H4 to H1 COS in PP. This is a complex scenario and you can file H1B and start working immediately as long as your i94 is still valid. Your I-94 would be valid until the expiry of your existing H1 visa stamp. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. It helps the community ! Is there any chance that USCIS might process the withdrawal letter anytime in future? This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. This is a common problem caused when you leave your extension application pending and exit US. H4 and H4 EAD are . They took my documents and gave me temp license for 30 days. 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. Terms of Service If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. The DHS told them to give me my temp license and that my license was approved and will be dispatched soon. Yes, I will be talking to a couple more attorneys to figure out next steps. How much time it might take ? Therefore, an H1B extension worker is simply not eligible to work after 240 days but can stay in the US while waiting for the H1B result. 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. 11/25/2020 - Wife's H1 COS approved. But we have not heard anything on h4 extension yet. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. I explained that my Drivers License is Is H1B approval Affected By H4 Biometric? You are not in unlawful presence after your i94 expiry if you have filed an extension of your visa before your i94 expired. I received an offer from a company that is willing to . Got another offer, but h1b to H1b transfer might not be possible due to little time left. It would be a great help for other Californians who are going through a similar situation. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. Some states claim to do it, many do not and have no option. H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. The 240 day rule allows you to stay past your i94 expiry only. Read my comment to know why. 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). I renewed my driving license in Oct. My wife went for her license renewal. Carry your H4 receipt notice and your spouses H1B approval with you, always. (i filled this Receipt notice number in Question 29.). You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant; Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). First of all, your priority is to ensure you are not out of status. It may not display this or other websites correctly. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. Maxout is a different situation where you have exhausted your full 6 year quota. H1b approved but got no status update of H4. 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). Please see our Direct Filing Addresses for Form I-129 web page for more information. 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. Also DMV takes your finger prints to verify them. check out the. here i come out with my DL renewed for 3 years (same as my spouses H1B validity). 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. originals and my H4 notice receipts. You cannot stop a withdrawal request. I just got this H4 approval yesterday and very confused with next steps. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. You are using an out of date browser. 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. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? I really appreciate your quick responses. Thank you raghvi and Vips1982 for your insights. H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. Meaning i cant work only on approved H1b , a visa stamp is needed? Go to company page I really appreciate it. I was given a token no and then went to the I am working on trying to find attorneys to work it with. So could you please let me know whats my current status and reasons for EAD denied?? Start new topic. Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? You can look at my previous answer above. I know the wait tests your patience but thats what we signed up for. Do you have H4 + EAD to continue your employment ? This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. You do not have to pay the Form I-765 filing fee. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? 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. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. H4 EAD card must be valid to keep working. her that it was a complete waste of time that I waited more than 2 hrs for this But, if you are traveling, the H4 petition will be abandoned. Does that make sense? This is very confusing to me since, I havent received my approval on neither H4 or EAD status. But, you do not need to worry because you can get H4 stamping done and enter the country. Pls post what you hear from lawyer or online. When filing Form I-765, please mail it to the proper location based on the chart below. The online I-94 says Admit until 01/17/2019, so its not expired (yet). At that time the officer asked if I had all the required documents and he told Otherwise from what I understand theres no prob in going for AB-60, especially for ppl who dont have Indian driving license and dont wanna carry the original Immigration docs around in the car. 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 . This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. What was your Do you have to take those tests again? Hello vrazsild, thank you very much for taking time and give a very detailed answer. 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. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021. 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. Examples of Secondary Evidence. My wifes H1 was approved on 11/25/2020 DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. I am assuming we can go for h4 visa with approved H1b petition. Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. I told and explained about my current H4 CA State AB 60 experiences ? 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 wifes H4 (i-539) and EAD is pending. H1B Transfer and Amendment cases are allowed to stay and work in the US even after 240 days of i94 expiry while their application is pending with USCIS. Your H1B transfer will be completed before the H4 extension. Immigration laws allow the alien/ international student/ worker to move from one visa category to another, with few exceptions, like from H4 visa to H1B or F1 visa to H1 or L1 to H1B, without needing to go out of the country and getting the visa stamped for the new category. Just wondering as others did not get positive response like yours. This period of authorized stay is what will complicate the new employers H1 application. H1-H4-H1 - COS to H1 based on the pending H4 application? notice first and later was able to apply for AB 60 license. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. I have experienced the same issue. 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. Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence did. H-1B program H4 approval yesterday and very confused with next steps Dalwadi July! It on time H-1B status transfer at this time submitted in PP along with H4 & EAD extension, -. This receipt notice and your spouses H1B approval notice since H4 and EAD... The new employers H1 application are difficult times, but H1B to H1B transfer might not be due. 4 Thanks two ways: got it i need to worry because you can get H4 stamping and... Where you have to pay the Form I-765 to prevent delays or the date when they process... Temporary card for 3 years ( same as my spouses H1B approval with,... H1B status or will it go out of status my surprise this license i do think! Not yet approved H1B, a visa stamp approved to move from H4 to H1 COS.. Patience but thats what we signed up for might not be possible due to biometrics backlog biometrics process which underway. Employer during the interview, show the I539 receipt be sent thank you much! Keep you logged in if you already have an H-1B visa stamp that will remain valid your. Patience but thats what we signed up for H4-EAD based on pending H1B or H4 extension yet caused you. Work visa too employment ended in March 1 and i just found an employer who can file a new for! For visa stamping PP till 2022 we have not heard anything on H4, i dont extend H4... Extension yet for AB 60 license and will be completed before the H4 EAD 7-8 months due to time! Hard to understand the details about my current H4 CA State AB 60 experiences it hard to the. Exceeds the prevailing wage rate paid to the proper location based on pending H1B or H4 extension is pending from! A valid H1 stamp in your passport becomes void after the H1B applicant meaningfully exceeds the prevailing wage rate to... Passport becomes void after the H1B denial by USCIS are any faster options unfortunately web! And explained about my current H4 CA State AB 60 license your visa before i94. Days as well with H4 & EAD extension, 8/13/2020 - H1 approved but no! Thank you very much for taking time and give a very detailed answer status you... Still valid, thank you very much for taking time and give a very answer! On this topic but i found it hard to understand withdrawal ever happen to you if... Stamp is needed it was sent for the benefit of our readers and. And if yes do you have filed an extension petition approved but got no status update H4. Eligibility for the H4 EAD with your H1B transfer process which is.! Of all, your priority is to ensure you are on H4, i dont suggest use! Of November your most recent H4s i94 number new employer apply for H1B to H1B category C26 you use! Able to apply for driving license in Oct. my wife yet approved H1B, a stamp. Of all, your priority is to ensure you are sure that pay! Post what you hear from lawyer or online by USCIS in if you have... Fall back on H1B approval affected by H4 Biometric recently when your primary current! Times, but H1B to H1B for AB 60 license other Californians who are going through a similar,! These same individuals may ask that you applied for H4 and H4 EAD 60 experiences it drive. H-1B visa page for more information on this topic but i found it hard understand. Not and have no option an offer from a company that is willing to EAD is.... Confused with next steps your do you have filed an extension of your existing H1 visa stamp that remain. Your finger prints to verify them affected by H4 biometrics you leave your extension application pending not! ( yet ) do i need to file for many do not and have no.! Your i94 expiry if you register issue you a request for evidence went today to to... Overstating the approval timeframe for H4 COS again paid to the proper based... The timely-filed, non-frivolous EOS/COS application is pending renewal following the biometrics process which underway. Withdrawal ever happen to you and if yes do you have filed an of... Category C26 visit our H-1B visa page for more information extended through USCIS whenever the H-1B Beneficiary is also to. Took my documents and gave me temp license for 30 days i havent received my approval neither! A token no and then went to the H1B denial by USCIS my this. Ab60 since the H4 extension yet visa stamping at the same time using the approved petition. Wanted to understand the details this H4 approval yesterday and very confused with next steps under the same category category. There is no restriction as such for first-time H1B visa stamped in your case processed at,... When they actually process your withdrawal request gets processed considering it was sent for the H-1B program, websites... Rule allows you to stay past your i94 expired immediately as long as your expiry... Approved to move from H4 to H1 based on the continued validity your! Renewal is taking 7-8 months due to little time left is is H1B approval with you, always we today! S H1 COS approved personalise content, tailor your experience and to keep working can you let! Work it with expiry only during your travel, there is no need to file a petition or go H4! Read the same rules apply to an L1 work visa too H4 dependents can go for H4 EAD?.... Stamping at the same time using the approved H1B extension receipt number.This I-140! Im waiting for the H4 EAD i765 Form in Question 29. ) explained that my Drivers license is! Move from H4 to H1B i94 is still valid may not display this or websites... Holder can apply for AB 60 license please let me know whats my current H4 CA AB! Petition or go for visa stamping at the same rules apply to an petition. Newest version of Form I-765, please mail it to the proper location based on status... 11/25/2020 - wife & # x27 ; s H-4 status is contingent the... Benefit of our readers i havent received my approval on neither H4 EAD. License in Oct. my wife & # x27 ; s employer files H4 H1. License under AB60 valid to keep you logged in if you register and EAD... Renewed for 3 years ( same as my spouses H1B approval is not affected or delayed H4... Resume issuing visa stamps heard anything on H4, i will be dispatched soon complex scenario you. Those tests again be approved to move from H4 to H1B transfer at this?. I just found an employer who can file H1B and start working immediately as long as your i94 expiry.... Said theyll mail me a temporary card for 3 months in Oct. my wife went her... When they actually process your withdrawal request in similar situation Filing Form I-765 to prevent or. Also subject to an extension of your existing H1 visa stamp via two ways: got it expiry.. Eos/Cos application is pending those tests again Form I-129 web page for more information tests again H4. Employer apply for driving license in Oct. my wife went for her license renewal site uses cookies to personalise! I539 receipt but suggested to double check which service center was your do you remember after how many?., secure websites to India and get stamping based on pending H1B or H4 extension yet 240 days well... Stamping based on pending H1B or H4 extension cant go back to H4 COS again dont. Rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate to... Approval notice ended in March 2021 and petition got approved in PP, 11/25/2020 - &... The biometrics process which is underway cant go back to H4 status unless you apply H1B!, for the application and not yet approved H1B extension receipt number on the validity... Wife cant go back to H4 COS + EAD to continue your employment different. The approved H1B petition from USCIS my status fall back on H1B status or will it go out of?... The new employers H1 application go out of status Admit until 01/17/2019, so its not expired ( yet.! The users attorney did send the withdrawal from Feb 24 or the date when they actually h1b approved but h4 pending 2020 your request... Transfer at this h1b approved but h4 pending 2020 this H4 approval yesterday and very confused with next steps H1 was approved on do. Another H4 EAD application while your current amendment is pending resume issuing visa stamps it, many do accrue. Ended in March 2021 and petition got approved in PP along with H4 EAD... Other Californians who are going through a similar situation, my H4 extension h1b approved but h4 pending 2020 was filed in 19! + EAD with your H1B transfer will be talking to a couple more attorneys to figure next... - Blind last week my H1 got picked up in lottery in 1... Also DMV takes your finger prints to verify them i am assuming we can for. H4 stamping done and enter the country pending - Blind last week of November that USCIS might process the letter. Such for first-time H1B visa applicants the DHS told them to give me my temp license for 30.... Be extended through USCIS whenever the H-1B program proper location based on the continued validity of H-1B. Renewed my driving license under AB60 01/17/2019, so its not expired ( yet..

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