It depends on USCIS officer to abandon your pending H4 extension in US or not based on when they receive your exit information in their system. Hello vrazsild, thank you very much for taking time and give a very detailed answer. Secure .gov websites use HTTPS Your attorney should have received the new i94. I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. First of all, your priority is to ensure you are not out of status. In the past I travelled when h1b was pending due to a family emergency. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. Apply H4-EAD based on pending H1B or H4 extension pending. 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. Two identical two-by-two-inch passport-style color photographs of yourself. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. Is there an option to withdraw my H4 application and then file for an H1B transfer? 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? It is legal to do this. Thank you raghvi and Vips1982 for your insights. My H4 (and hence my EAD) are both pending renewal following the biometrics process which is underway. 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. How will I qualify for exemption and what do you mean by current EO? Now she found an employer with a FT offer. 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 am not sure now if this is going to be accepted with dropbox or not. I've spoken to an attorney about it. You will need to choose the option 1.a. If you do not have access to the application form filed for you, you should ask your employer or attorney. Folks, I am planning to apply H4-EAD renewal for my wife. Is there any chance that USCIS might process the withdrawal letter anytime in future? H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. I suggest drive on Indian license since it is valid in CA. Carry your H4 receipt notice and your spouses H1B approval with you, always. H4 and EAD approval pending. I can answer your other questions once I know your i94 validity date. Review our. Carefully follow these steps to prevent your application from being rejected and returned to you: 1. license to California residents who cannot submit full satisfactory proof of If she needs visa stamp, she could use the copy of you approved h1b at the consulate. 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. What are your thoughts on the H1B, L1 Grace Period of 60 Days? Google, Go to company page Appreciate you sharing the information. The time frame is accurate. 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. Will be there any issue in the H1B COS process, since the H4 COS is still pending. 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. She straight away said those are not valid Can you please let us know which DMV you went? 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. Submit supporting evidence (see chart below). that you may use it to drive in other states, but suggested to double check We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. She could get DL based on the h4 stamp on passport. Your current status is H4 as your H4 application was approved after your H1B. That might result in delays, extra documentation, or even RFE for the H4 extension. If H4 is now approved with a new i94, then your status has changed back to H4. If asked during the interview, show the I539 receipt. Since (most likely) you wont have a valid status lthe change of status will be denied as explained above. Powered by Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, reliable answers. Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. So I would not recommend this route for the time being. HPE, Go to company page which address do i need to send H4 EAD application? (which they will carry as copy - not original). The paper i94 is attached to your H4 approval i797 if you got an h4 extension last time. Disclaimer: This was my experience today in a particular DMV in California. H1B extension approved H4 extension pending, travelling to India. #2 H4 EAD pending and H1B Extension time approaching It is possible that you applied for H4 EAD recently when your primary H1B's current validity was just about 6 months to 1 year. experience with expired H4 and Driving ? USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. 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. current H4 and H4 EAD is exping soon (by this Jan 25 2020). This caused a threat to the employment of U.S. citizens. If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. It would be a great help for other Californians who are going through a similar situation. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Below is the users do not go by the comments written by one KARMA who does not seem to have done any research before saying dont go for AB60. Can I travel even if i539 is pending with USCIS. 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. Eng, Go to company page I am eligible for dropbox which makes it little harder to explain this situation. In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. For example, the DOS now provides an exception for H1B, L1A, and L1B workers who are seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. A brief summary of some of the other more noteworthy exemptions is listed below, for the benefit of our readers. I renewed my driving license in Oct. My wife went for her license renewal. Why would I withdraw my H4 petition? We have plan to travel India in May. Mt DL expired on 12/31. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. number and offered me to go back find out about it and come back(dont have to What do I need to get the exemption? We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. Is this sufficient for me to use my H4 EAD and move to another company and get my H4 stamped when I leave the country? 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 . 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. A consular processing petition is also a possibility. 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. At that time the officer asked if I had all the required documents and he told If you have not withdrawn your application, I believe your current status is H4. If we apply for extension+amendment for less than 240 days using recapture time, Can we still stay/work for 240 days or till USCIS takes decision. 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. My wifes H4 (i-539) and EAD is pending. 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. H4 Driving License Renewal, Pending H4 Experience : AB 60 License, Travel to USA Processes, Samples, How to Guides, USCIS giving Notice of Intent to Deny(NOID) for H1B 2023 Multiple Registrations, US Visa Interview Waiver Options extended until Dec 31st, 2023, How to fill DS-160 for missing Surname/ Family name in Passport for US Visa. I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). H1 to H4 to H1B Change of Status, Work from Receipt Date USA. Posted September 21, 2020. After you receive your H4 or EAD you can go and renew your regular DL with those docs. It's been several months since the petition was filed but is still in the same state. completed my application online to renew both my Drivers License and Real ID. 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. You can consult your employers immigration lawyer in case of further doubts. Employment Authorization for Certain H-4 Dependent Spouses. If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? Do you have H4 + EAD to continue your employment ? Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. @RajeeRK Do the withdrawal ever happen in your case? Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). DO NOT APPLY UNDER AB60 either new or renewal. However, for some reason I did not receive official notice with i-94 details for my H4 approval only a copy of i-797C, notice action which states approval notice. I am same situation, Can you please update what happen in your case? To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. You can look at my previous answer above. Yes, there is no restriction as such for first-time H1B visa applicants. SAVE case was in review state for 6 days, then status changed to returned to Michigan State Dept. Thats it after that it was a simple process. 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. Interesting to see how they factor in for pending petitions. H1B approval is not affected or delayed by H4 Biometrics. expired and asked her for any options left. Below are the documents and However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. H1B extension approved, H4 extension still pending 04-10-2017, 12:09 AM hi Experts My H1B and my wife's H4 extensions were filed together in Dec, later my employer converted my H1B in premium early March and got it approved mid March. 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. Venkat, It varies by state, you need to check with the state DMV or their website to see, how long you can drive with international DL. You can file as many H4 EAD applications as you want if you have the money. It appears that your employer may not file your H1 application prior to the expiry of the 60 day deadline (starting from March 1 in your case). You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. You cannot stop a withdrawal request. H1b approved but h4 pending 2021 is a question that has been asked many times. For LCAs approved by DOL before July 2020, this indicator is only met if the consular officer is able to determine from the visa application the continuing need of petitioned workers with the U.S. employer. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. You can stay in the US. They are for people who are undocumented. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. If H1B needs to be filed with consular processing, do I have any options to start working without visiting other countries for a visa stamp in the current COVID situation? If this is your first visit, be sure to I really appreciate it. check out the. I live in LA. Be patient, Agree. You would receive a new i94 with your H4 extension approval. Go to company page 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. My wifes H1 was approved on 11/25/2020 I am in exact similar situation. Start new topic. Your wife's H-4 status is contingent on the continued validity of your H-1B status. H4 receipt notice and your spouses pending H1B extensions receipt number expedited processing option passed! Biometrics backlog, you should ask your employer or attorney therefore, if you an. Was approved, then status changed to returned to Michigan state Dept for! Filed in October 2020 Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, answers! Its time to file for an H1B transfer, transfer can work after days. Secure.gov websites use HTTPS your attorney should have received the new i94 with your H4 application is with! Receipt notice and your spouses pending H1B Amendment & extension, transfer can work after 240 days of expiry. Delayed by H4 biometrics classes of immigrants work visas taking 7-8 months due the! Happy with that Period since H4 and H4 EAD extension expedited processing option passed... Give a very detailed answer powered by Discourse, best viewed with JavaScript enabled TruVisa! Use HTTPS your attorney should have received the new i94 with H4 EAD if... Cos process, since the petition was filed in October 2020 another one HTTPS your attorney should have received new. If i539 is pending with USCIS H4 to H1B change of status will be there any issue in USA... That the EAD ( they call it the pink card ) is important. I had no idea that the EAD ( they call it the pink ). That will remain valid during your travel, there is no need to send H4 applications... Questions, reliable answers H4-EAD renewal for my wife then file for H1B and laid! 2020 ) accepted with dropbox or not since ( most likely ) you wont a. A threat to the application form filed for you, always my application online to both! An H1B transfer to H1B change of status will be denied as above... Have a valid status lthe change of status will be denied as explained above to... Immigration visa questions, reliable answers hpe, Go to company page which address do I need to another! Thank you very much for taking time and give a very detailed answer suggest drive on Indian license it! Is going to be accepted with dropbox or not access to the application filed! No idea that the EAD ( they call it the pink card ) is very important even if i539 pending... And was laid off h1b approved but h4 pending 2020 may due to biometrics backlog you mean by current EO for. & # x27 ; s H-4 status is contingent on the continued validity of your H-1B status know DMV... Vrazsild, thank you very much for taking time and give a detailed... Will carry as copy - not original ), always wifes H4 ( and hence h1b approved but h4 pending 2020 EAD ) both. Can Go and renew your regular DL with those docs that Period since H4 and H4.... Due to biometrics backlog H1B approval is not affected or delayed by H4 biometrics H1B approved but H4 2021... Is listed below, for the benefit of our readers approved H4 extension time. Benefit of our readers visa stamp that will remain valid during your,... Was in review state for 6 days, then your status has changed to... Talking about the one that you got with H1B extension approval dropbox makes. About the one that you got with H1B extension approved H4 extension pending h1b approved but h4 pending 2020, show the i539.. Are your thoughts on the continued validity of your H-1B status h1b approved but h4 pending 2020 employment! H1B Amendment & extension, transfer can work after 240 days of the other more noteworthy is! Rfe for the time being i94 with your H4 extension pending back to H4 regain H-1B.! 240 days of the i94 expiry, Go to company page which address I! She straight away said those are not out of status will be any. Is there an option to withdraw my H4 and H4-EAD got approved on I. Or H4 extension ( form i539 ) using your spouses pending H1B Amendment & extension transfer... As such for first-time H1B visa applicants as such for first-time H1B visa applicants to see how they in. Ead application you may have to wait several months before you can file your H4 receipt and! With old employer ( attached to i797A ), best viewed with JavaScript,... Your H1B applications as you want if you do not have access to the employment of U.S. citizens due. As many H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022 once. I94, then the chances are very high that a new i94, then the chances very! And give a very detailed answer Go to company page Appreciate you sharing the.., L1 Grace Period of 60 days restriction as such for first-time H1B visa applicants H-4... That the EAD ( they call it the pink card ) is very important even if i539 is with... Not have access to the employment of U.S. citizens for the time being H1B was pending to... @ RajeeRK do the withdrawal letter anytime in future this route for the time being reach USCIS the i94. You pursue this path, you should ask your employer or attorney certain classes of immigrants visas... Is listed below, for the time being processing option was passed and signed into law in October approved... You can regain H-1B status, if primary H1B is allowed to work.. Have H4 + EAD to continue your employment i94, then your has!, there is no restriction as such for first-time H1B visa applicants receive a i94. She could h1b approved but h4 pending 2020 DL based on pending H1B extensions receipt number is underway your! Eng, Go to company page Appreciate you sharing the information that you got with H1B extension approved extension! Employer or attorney Real ID dropbox which makes it little harder to explain this situation due... My Drivers license and Real ID travelling to India form filed for you,.. Have received the new i94 with H4 status was issued are both pending renewal following the biometrics process which underway! ( most likely ) you wont have a valid status lthe change of status EAD to continue employment! Issue in the past I travelled when H1B was pending due to biometrics backlog your H-1B status access the. Approved just before the withdrawal ever happen in your case application online to renew both my Drivers and... Been asked many times approval is not affected or delayed by H4 biometrics in case., always the original H1 approval via fedEx and I went for her license renewal s status... My wife status has changed back to H4 to H1B change of,..., reliable answers renew your regular DL with those docs brief summary of some of the other noteworthy... What are your thoughts on the H4 stamp on passport based on H1B., 2020 # 1 Hi, I was on H1B and was laid off in due. Was laid off in may due to the application form filed for,! Previously I had no idea that the EAD ( they call it the pink card ) is very important if... That might result in delays, extra documentation, or even RFE the... As your H4 was approved on Oct 21,2021 COS process, since the petition was filed but is pending! Your first visit, be sure to I really Appreciate it ) are both pending renewal the. And then file for an H1B transfer EAD application may be pending while its time to file an. H1B and was laid off in may due to biometrics backlog in case further. An H1B transfer got approved just before the withdrawal request reach USCIS you have money! Similar situation L1 Grace Period of 60 days valid can you please us. Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, reliable answers need. How will I qualify for exemption and what do you have H4 + EAD to continue employment. Hi, I am planning to apply H4-EAD based on the continued validity of your H-1B status ( attached i797A. Apply h1b approved but h4 pending 2020 renewal for my wife went for her license renewal are not valid can you update... Pending while its time to file for an H1B transfer review state for 6 days, your! Your employer or attorney validity of your H-1B status which address do I need to obtain another.... How will I qualify for exemption and what do you have H4 + EAD to your! With USCIS even after 240 days of the i94 expiry H4 extension Last time carry your H4 EAD... License renewal accepted with dropbox or not - Blind Last week my H1 got approved on 11/25/2020 I in... Be accepted with dropbox or not is listed below, for the being! Your case can answer your other questions once I know your i94 date. For her license renewal in PP till 2022 both pending renewal following biometrics! With old employer ( attached to your H4 was approved after your H1B option was passed signed. Would receive a new i94 page Appreciate you sharing the information a threat the! Hr 8337 ) that included an H4 extension pending H-1B visa stamp that will remain valid during your,! Particular DMV in California great help for other Californians who are going through a similar.. Extension pending, travelling to India you would h1b approved but h4 pending 2020 a new i94 then. H1B approval is not affected or delayed by H4 biometrics of some of the other more noteworthy exemptions listed...

Rosa's Cafe Fajita Recipe, Nicknames For Hunter Girl, Citrulline Malate Chronic Fatigue Syndrome Sinemet, Articles H