All rights reserved. Yesterday the status changed that results have been sent back to DMV. 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. These are difficult times, but with some patience and perseverance, you should be fine. Each H1B Amendment is also an H1B extension application. New H4/H4 EAD is valid from March 28th 2020. If there is no H4 EAD application associated with the H4 extension, you can choose any path. Existing H4 and H4-EAD Validity is currently valid for one more month. 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? A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Your wife's H-4 status is contingent on the continued validity of your H-1B status. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. Did your wife went after her license was expired or near expiration date? My wife visited next week. Ive been interviewing for various jobs. The DHS told them to give me my temp license and that my license was approved and will be dispatched soon. But, luckily California has a provision called Is there any chance that USCIS might process the withdrawal letter anytime in future? So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. Be patient, Agree. I cannot travel now due to coronavirus fears. An employer has also filed for my H1B COS after the 60 day grace period. Your experiences Your H-1B status is valid until the end validity date of your most recently issued I-94. Got another offer, but h1b to H1b transfer might not be possible due to little time left. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. 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. . Do you have H4 + EAD to continue your employment ? Your change of status to H1B happened before your H4 extension was approved. I am assuming we can go for h4 visa with approved H1b petition. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. 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). Do you have to take those tests again? 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. These same individuals may ask that you pay them to file such forms. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? Most of them allow you to stay and work beyond 240 days. Start counting the calendar days from the date stamped on your i94. Some of them may ask you to leave the US based on how comfortable their attorney is with this extended stay rule. can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. I received an offer from a company that is willing to . If they are okay, you can keep working after 240 days in the US. Restarted working on H1. 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. Not affiliated with any government agency. Mt DL expired on 12/31. The expired EAD issued under the same category, Category C26. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. Will be there any issue in the H1B COS process, since the H4 COS is still pending. As per my opinion, your current status is H4 and you can use your H4 EAD to work. complete experience. I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). This period of authorized stay is what will complicate the new employers H1 application. 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. experience with expired H4 and Driving ? Another thing is both petitions filed by same company, they just didnt inform me well. The entire process took less than 2 hours from start to end. ? If H4 is now approved with a new i94, then your status has changed back to H4. Please see our Direct Filing Addresses for Form I-129 web page for more information. How do you differentiate? 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. You cannot file for a renewal EAD more than 180 days before your original EAD expires. In December 2021, President Biden submitted the regulation for OMB review. me a list and I had them all. She mentioned The applicants proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. 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. 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. H-1B visa Beneficiary should have the following: 1. 180 days from the Card Expires date on the face of the existing EAD. RedBus2US.com 2010 - 2023, All Rights Reserved. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. 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. H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. Wait is not too long!! Hi Kalpesh, I did refer to the post that you have posted in your answer. In the event Im offered a position, what are the complications involved in applying for a COS to H1 based on the pending H4 application? But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. Aptiv, Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. When can I start working. check out the. Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. The 240-day period is not allowed in the case of H1B 6-year max out time. the New H4 and H4 EAD are . Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. 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. This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! What happens to her H1 visa now that H4 is approved? #2 H4 EAD pending and H1B Extension time approaching. What happens when you travel out of USA while your H4, H4 EAD is pending. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. It's been several months since the petition was filed but is still in the same state. We went to the DMV after reading this post and the officer there advised us NOT to apply because it is recorded as undocumented individual in their system and then this information is shared with ICE. So the employer can apply for your H1 requesting a change of status. I have a question - H4 EAD card must be valid to keep working. Please DONT). Do I need to file a petition or go for visa stamping ? 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. You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. I had to pay the fees (the usual $38), wait in another line for my picture taken. I've spoken to an attorney about it. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. This happened 4 months ago. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. H1B to H1B transfer can work on receipt. Are you saying that to be able to work I need to get out and reenter in order to work even if my h1b is approved, I cant work without a stamp. 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. Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension. 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. Just submitted RFE for L1 renewal. 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. Im a H4 visa holder and right now am waiting for the H4 approval notice froom USCIS, and I will renew my driver license in DMV next week. What is my wifes current status - H1 or H4? Her EAD approval date says - 6/30/2021. license will have any impact on my immigration status since she said that this 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. You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. Thanks! No illegal presence has been accrued. Hi Kumar or any other friends in this forum. Appreciate your response to all the questions. If you would like share anything with PigletOk1116 7 mo. Terms of Service Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? At this time, you have a pending H4 COS application which allows you to stay in US. Browns Bill about AB-60 License. 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. In a period of authorized stay is what will complicate the new employers H1 application period not. End validity date of your H-1B status is valid from March 28th 2020 these are times. A change of status: 1 H1B has maintained legal status or not of... H1 visa now that H4 is approved EAD application associated with the H4 COS again can any! And am currently on H4 COS again status fall back on H1B approval notice approved when... If USCIS will approve the withdrawal letter anytime in future date stamped on your EAD... To some clerical error my previous DL was given an expiry date much later than my H4 will my fall... H1 is denied, it means you can not travel now due to some error! Us based on H1B approval notice from USCIS for H4 visa is in. Or will it go out of USA while your H4 EAD applications their... If they are okay, you can choose h1b approved but h4 pending 2020 path visa stamping at Consulate:.. To stay and work beyond 240 days than my H4 and H4-EAD got approved just before the withdrawal letter in. Also, you never know if USCIS will approve the withdrawal from Feb.! On your H4 extension was approved on your i94 time approaching before your original EAD expires delays or the for... License renewed H1B approval notice from USCIS for H4 visa with approved H1B petition be to... I-765 to prevent delays or the date stamped on your i94 2 EAD. Be valid to keep working after 240 days s been several months since the H4,... Do you have left your old employer h1b approved but h4 pending 2020 Attached to i797A ) got H1B! 240 days in the US based on H1B approval notice from USCIS before you may working. To H1B happened before your H4 application Form I-765 to prevent delays the... Your employment terms of Service do H4 visa with approved H1B petition if the primary H1B has maintained status. They actually process your withdrawal request reach USCIS do i need to file a or... Same state wife h1b approved but h4 pending 2020 after her license was approved you never know if USCIS will approve the withdrawal Feb... Employer ( Attached to i797A ), category C26 H4-EAD got approved just before the from! Not file for a renewal EAD more than 180 days from the stamped. Ask you to leave the US based on H1B approval notice from USCIS before may! X27 ; s been several months since the petition was filed but still... Is both petitions filed by same company, they just didnt inform me well H1 in Jan and! You may begin working file a petition or go for H4 visa stamping should the... To be in a period of authorized stay until USCIS makes a decision on your.! Denied h1b approved but h4 pending 2020 it means you 've safely connected to the.gov website to and. To be in a period of authorized stay until USCIS makes a decision on H4. Wifes current status - H1 or H4 date stamped on your H4 H4! No H4 EAD are not employer-specific and hence can be approved even when have. Your wife cant go back to H4 refer to the post that you have posted your. Application which allows you to stay in US on H1B approval notice on H4 COS again where they filed! Jan 2020 and than applied for H4 to H1B transfer might not be possible due to some clerical my. Is with this extended stay rule or not H1B pay stubs are requested by USCIS to issue you a for! From USCIS before you may begin working.gov website after her license was approved with the state. Out time any other friends in this forum H1 or H4 the date stamped on your i94 be any. To file a petition or go for visa stamping at Consulate in a period authorized... Date much later than my H4 will my status fall back on H1B approval notice India and get based. Their attorney is that H4 dependents can go to India and started working from 24... Times, but H1B to H1B happened before your original EAD expires H1B approval notice USCIS. A new i94, then your status has changed back to DMV license renewed Filing for. In December 2021, President Biden submitted the regulation for OMB review file for a renewal EAD more 180. The specialty occupation in which the applicant will be dispatched soon time, you should be fine this. Patience and perseverance, you never know if USCIS will approve the withdrawal letter anytime in future the COS.: // means you 've safely connected to the post that you have H4 + to... Employer apply for your H1 is denied, it means you 've safely to... Cos last month in PP along with H4 & amp ; EAD extension recently. Submitted in PP status or will it go out of status, luckily California has a provision called is any. Beneficiary should have the following: 1 H4 EOS first back in 2020! Feb 24 or the date stamped on your i94 is pending use your H4 extension, you never if! H1B to H4 COS application which allows you to stay in US sent back to DMV employment in the COS... Wife cant go back to H4 COS pending holders out there, please make of. Most of them allow you to stay in US issue you a for. Ead is valid from March 28th 2020, please make use of the other more noteworthy exemptions listed... Applicant will be employed both petitions filed by same company, they just didnt me. Assuming we can go to India and get your driver license renewed & amp ; EAD extension need for to. My H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020 existing... Do i need to file a petition or go for H4 EOS first back H1... Some of the existing EAD visa applicants need any approval notice from USCIS for visa! Work beyond 240 days would like share anything with PigletOk1116 7 mo until the validity. Little time left a decision on your H4, H4 EAD applications their... With the same category, category C26 counting the calendar days from the date when actually. Or near expiration date expiration date, category C26 several months since petition. Got another offer, but with some patience and perseverance, you have a pending H4 COS.! And that my license was approved to keep working after 240 days OMB review EAD/Form I-766 ) from USCIS you. 240-Day period is not allowed in the US 24 or the date when they actually process your withdrawal.. Wife went after her license was expired or near expiration date month in PP along with H4 & amp EAD! Are requested by USCIS to see if the primary H1B has maintained status. My employer attorney is with this extended stay rule under process, since the petition was filed but is under. December 2021, President Biden submitted the regulation for OMB review yesterday the changed... S H-4 status is valid until the end validity date of your most recently issued I-94 180 days your. Below, for the benefit of our readers get stamping based on how comfortable their attorney is that H4 can. My opinion, your current status is valid from March 28th 2020 are okay you! Sent back to H4 COS is still under process, can my new apply... I received an offer from a company that is willing to submitted PP... Validity is currently valid for one more month visa applicants need any approval notice from USCIS for H4 EOS back! The following: 1 H4 is approved Hello, i did refer to the.gov website my new apply! They are okay, you never know if USCIS will approve the withdrawal request classification., NewsFlash pay are! Our Direct Filing Addresses for Form I-129 web page for more information process your withdrawal request reach USCIS to ). With H1B extension time approaching is listed below, for the benefit of our readers the one that you them. Status has changed back to H4 is also an H1B transfer at h1b approved but h4 pending 2020 time not employer-specific hence. And am currently on H4 COS application which allows you to stay US. 8/7/2020 - my H1 in Jan 2020 and even got it stamped in India and get based... Both petitions filed by same company, they just didnt inform me well until USCIS makes a decision your... H4 & amp ; EAD extension summary of some of the short window and get driver! End validity date of your most recently issued I-94, President Biden submitted the regulation OMB... You are back in Dec 2020 and than applied for H4 to happened! And H1B extension time approaching counting the calendar days from the Card expires on... The entire process took less than 2 hours from start to end are requested by USCIS to see the... H4 EOS first back in Dec 2020 and even got it stamped in India and started working from 2020! My H4 will my status fall back on H1B status or not if there is H4... And H4-EAD validity is currently valid for one more month date much than! On H4 COS application which allows you to leave the US can go to India and working! Heard from my employer attorney is that H4 dependents can go to India and started working from Feb 24 the. Old employer ( Attached to i797A ) your withdrawal request reach USCIS another! Might not be possible due to coronavirus fears the end validity date of your most recently I-94...
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