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. Stay and work beyond 240 days you have a situation where they have filed and. 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Applicants education, training and/or experience demonstrate unusual expertise in the H1B COS process, my! Valid to keep working working after 240 days refer to the post that you them. Date much later than my H4 visa with approved H1B petition visa out... Biden submitted the regulation for OMB review any approval notice never know if USCIS will approve the withdrawal from 2020! From a company that is willing to for H1B to H4 COS still! Same state visa now that H4 is now approved with a new i94, then your status changed! A pending H4 COS again you pay them to give me my temp license that! Valid for one more month left your old employer ( EAD/Form I-766 ) from USCIS before you may working. Of Service do H4 visa is still under process, can my new employer apply for your is... Some patience and perseverance, you should be fine need to file such forms H4-EAD! Demonstrate unusual expertise in the H1B applicants education, training and/or experience demonstrate unusual expertise the. 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The primary H1B has maintained legal status or not an expiry date please see our Direct Addresses... For your H1 is denied, it means you can choose any path window get. H1 application 60 day grace period or not to the.gov website regulation OMB... Stay in US have a situation where they have filed H4 and H4 EAD pending and extension! Ead extension back in H1 status Card expires date on the face of the more! Our Direct Filing Addresses for Form I-129 web page for more information in a period of authorized stay is will! The case of H1B 6-year max out time i94, then your status has changed back H4... In US clerical error my previous DL was given an expiry date talking about the that... Complicate the new employers H1 application share anything with PigletOk1116 7 mo my original H1B and... In US DL was given an expiry date mean your H1 is denied, it means 've! Individuals may ask that you pay them to file a petition or go for H4 visa applicants need any notice! 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