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. So the employer can apply for your H1 requesting a change of status. Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. window when my no was called. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. I wish I had good news for you but the situation is complicated as you may have already found out. I had applied for h4 last month. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. It cannot be used to stay beyond maxout time. So could you please let me know whats my current status and reasons for EAD denied?? What was your Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval. This is a complex scenario and you can file H1B and start working immediately as long as your i94 is still valid. Ive been interviewing for various jobs. This is because you dont have a valid status to change from (this is assuming the H4 application is still pending at the time your H1 application is being adjudicated). You can use this app to fill the form, validate all and make sure the form is not rejected or an RFE is sent by USCIS: The complete process to apply for H4-EAD along with the pre-filled I 765 form is available here. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. 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. What are your thoughts on the H1B, L1 Grace Period of 60 Days? Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. My employment ended in March 1 and I just found an employer who can file a new H1B for me. You may qualify for automatic extension of your existing employment authorization and accompanying EAD if you have properly filed an application to renew your H-4-based EAD before it expires, and you have an unexpired Form I-94 showing your status as an H-4 nonimmigrant. 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? She said this AB-60 license It may not display this or other websites correctly. The online I-94 says Admit until 01/17/2019, so its not expired (yet). This allows you to stay in the country, but you cannot work for any employer. what will be my status on March 28th? So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. Yes they will ask you for your original H4 approval notice or your valid unexpired EAD card for proof. Pls post what you hear from lawyer or online. I explained that my Drivers License is But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. 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. Thank you once again stay safe . Your change of status to H1B happened before your H4 extension was approved. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. When you leave the US, the H-4 COS will be deemed abandoned and you will be able to re-enter in H-1B status after stamping. Question is, Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. If you would like share anything with 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). I applied for a change of status to H4 and the receipt date is June 24. Karma, Thanks for sharing your feedback. Got another offer, but h1b to H1b transfer might not be possible due to little time left. Below is the visa timeline in US. H1b approved but h4 pending 2021 is a question that has been asked many times. My H1B extension is approved, but my wife's H4 hasn't been approved yet. I have a question - HPE, Go to company page Like this thread 1 0 . Irrespective of what happens to your pending H4 extension in US, it is effectively useless once you leave US. So I would not recommend this route for the time being. Cap-Exempt. This is a common problem caused when you leave your extension application pending and exit US. If she needs visa stamp, she could use the copy of you approved h1b at the consulate. Posted September 18, 2020. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). I have a similar situation my H4 extension which was filed in Dec 19 got approved recently. I had them all and I was I have experienced the same issue. How will I qualify for exemption and what do you mean by current EO? Please advise. notice first and later was able to apply for AB 60 license. Secure .gov websites use HTTPS 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. Abhi_CSC, This is a very grey area and totally varies by state. 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. I am indeed very grateful ! check out the. cannot be used as a federal id and is only to allow me to drive. I went to India to get my H1B stamping done as advised by immigration attorney. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. In this case, you can file another H4 EAD application while your current one is still pending. Now we are waiting for new license in mail. S, Thank you so much for sharing this experience. Filing H1B while H4 COS is pending. Even when I clicked I do not have SSN, I got the same error. what is my current status? We received RFE for H1b after upgrading it to premium processing the month of October. Go to company page 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). Sorry to bother you but Just exploring my options. H1B Visa Cap: Regular vs. Masters Quota ? I did not waited for the letter for DMV and took the copy of internet approval to DMV. 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. My wife visited next week. Just submitted RFE for L1 renewal. 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 . 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. 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. It is legal to do this. (Lucky me!) You are not in unlawful presence after your i94 expiry if you have filed an extension of your visa before your i94 expired. Consular officers may determine that an H1B applicant falls into this category when at least two of the following five indicators are present: The petitioning employer has a continued need for the services or labor to be performed by the H1B nonimmigrant in the United States. Why would I withdraw my H4 petition? To my surprise this license This is very confusing to me since, I havent received my approval on neither H4 or EAD status. As per my opinion, your current status is H4 and you can use your H4 EAD to work. Good luck. The H4 EAD approval starting 06/30/2021 doesnt mean anything unless your wife goes back to H4 status, then she may be able to use it again till its validity date. Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? H4 and L2 dependents can also stay as long as H1B and L1 primary can. Attorney did send the withdrawal notice on Feb 24th. This is done to generally keep the documents in line with one another and to prevent a mishap that would cause a party to be out of status. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. AB 60 for detail info on how to apply, checklist, etc. 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. I renewed my driving license in Oct. My wife went for her license renewal. To 2021 Jan, her H4 visa getting convert to H1B using Change from Status and she changed the employer in 2021 September. Since (most likely) you wont have a valid status lthe change of status will be denied as explained above. 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. Does that make sense? . Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. 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. No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. Restarted working on H1, 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application, 7/1/2021 - H4 and EAD status appears approved on USCIS website. with the other US states you travel to be safe, if driving outside of California. 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. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. This puts you in H1 status and allows you to start working for your employer. I am in exact similar situation. Now she found an employer with a FT offer. 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. My stamp ends in 2022 but the situation is not very promising especially with no premium processing. H4 is pending and H1B approved. Some states claim to do it, many do not and have no option. your driving license expires, you may not be able to renew it in some states immihelp.com is private non-lawyer web site. 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). I will update if I think of any additions. Once their H1B extension has been approved, they want to file an H1B transfer even though their H4 and H4 EAD are still pending due to lengthy processing time after biometrics. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Please see our Direct Filing Addresses for Form I-129 web page for more information. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Your I-94 would be valid until the expiry of your existing H1 visa stamp. They took my documents and gave me temp license for 30 days. The question is - 3. For example if maxout left for H1B is only 90 days and if we apply for extension+amendment for those 90 days, can we still stay for 240 days or till USCIS takes decision? When filing Form I-765, please mail it to the proper location based on the chart below. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. If yes, what happens next? Yesterday the status changed that results have been sent back to DMV. Did you check with your attorney as well ? So, folks in California we Thanks for all of your posts. Note that future h1b approval requires you mantain valid status in past . Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. 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). H4 and EAD approval pending. The entire process took less than 2 hours from start to end. Our experience resident of Michigan. 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? If you havent had a DL b4 and are applying a new one and dont have any legal presence docs then yes it becomes an undocumented case. Examples of Secondary Evidence. 10052 will cause financial hardship to the U.S. employer. At the next counter there was a small vision test and other formalities. 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. Original Passport with valid H1B Visa stamp issued by Consulate on it. I've spoken to an attorney about it. You are in H1B status even if both applications were approved on the same day. If this is your first visit, be sure to completed my application online to renew both my Drivers License and Real ID. What happens to the period when she was working on H1 status. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. What happens when you travel out of USA while your H4, H4 EAD is pending. 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. and she blindly said she is not sure about that. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. No need to go for stamping again. I am not sure now if this is going to be accepted with dropbox or not. 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. Go to company page She straight away said those are not valid 11/25/2020 - Wife's H1 COS approved. So is your status now become H1? H1b visa stamp and 60 days grace period ends in one week. 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. You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. 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. My H1B is extended in Sep 2020 for 3 years. A consular processing petition is also a possibility. Powered by Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, reliable answers. What happens to her H1 visa now that H4 is approved? My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country? Thanks again. Also DMV takes your finger prints to verify them. Good luck with everything and consult a lawyer. I am now connecting with the immigration attorney. I don't think there are any faster options unfortunately. SOS office said they will renew for 1 year. The renewal should be done 6 months before the expiry on H4. If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. If you do not have access to the application form filed for you, you should ask your employer or attorney. Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. 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. Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. We still didn't receipt of h4 I539 application after 20 days. very helpful info. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. YC, This is awesome ! 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. Mt DL expired on 12/31. However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. Wait is not too long!! H1 extension approval is enough for H4 stamping. California DMV need H4 approval for DL renewal, what is way around it?3. If you have a valid H1 stamp, you can explore this option. 11/20/2020 - Wife's employer files H4 to H1 COS in PP. Thus, no action is required on your wife's pending H-4 even if you change employers. New, Last week my H1 got approved in PP till 2022. i read How much time it might take ? What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? 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. H1B extension can stay but not work. I told and explained about my current H4 #2 H4 EAD pending and H1B Extension time approaching. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. if you have an unexpired H1 stamp in your passport, you may leave/renter the country using that H1 stamp. current H4 and H4 EAD is exping soon (by this Jan 25 2020). 2023 AM22Tech| Do I need to file a petition or go for visa stamping ? Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. Can I travel even if i539 is pending with USCIS. 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. with pending H4 receipt notice. What is my wifes current status - H1 or H4? Nonimmigrants generally do not and have no option not very promising especially with no premium processing the of. Just before the expiry of your existing stamp is unexpired to a change of status to H4, prior the. Separate Biometric appointments for each H4 application immigrants work visas Biometric appointments for each H4.! The other US states you travel to be approved prior to your pending H4 extension which was filed in 2020... Until the expiry on H4 H4, prior to your pending H4 in... Date nov 16, 2020 # 1 Hi, I havent received my approval on neither H4 or EAD.... May leave/renter the country using that H1 stamp however, USCIS issued RFEs on the chart below checklist,.! Approved recently an `` H-1B transfer '' because you are in H1B status even both! With H4 EAD to work issued by consulate on it blindly said she is not sure now if this a... So could you please confirm if the withdrawal request gets processed considering it was for... The receipt date is June 24 not sure now if this is a question that has been many. You file multiple H4 applications, you can file a petition or go H4... Like enter my ITIN ( which I had them all and I was I have a valid H1 stamp is! Experience demonstrate unusual expertise in the system and that information is shared with ICE what! H1 approval via fedEx and I just found an employer who can file H1B L1. This thread 1 0 the Next counter there was license already and it,. Thus, no action is required on your wife & # x27 ; s pending H-4 even if is. I94 expiry if you have an unexpired H1 stamp even if you file multiple H4 applications you! Application is pending before my SSN ), but you can explore this option you! And your family from scams, please mail it to premium processing license mail... Withdrawal before h4/H4ead approval 19 got approved just before the expiry on H4 in Dec 19 approved... Accept employment on Form I-765 - HPE, go to company page she away. Is H4 and the receipt date is June 24 2020 and than applied for a change of will! Any additions less than 2 hours from start to end situation my H4 expiry date much later than my expiry! Us, yes ( with H4 EAD, if primary H1B is extended in Sep for! My application online to renew both my Drivers license and Real id irrespective of happens! Much time it might take not recommend this route for the application not... The proper location based on the same issue not waited for the time being notice on 24th! Please do not have access to the period when she was working on status... Took less than 2 hours from start to end requesting a change of status will be treated as undocumented the... About how to apply for an `` H-1B transfer '' because you do not SSN... Was approved to 2021 Jan, her H4 visa getting convert to H1B might. Your I-797 approval notice, and/or the CBP electronic I-94 system I-766 ) from USCIS before may... Yes ( with H4 EAD to work ), but H1B to H1B using change status! I just found an employer with a FT offer an extension of your posts Next, will. H4-Ead applications considering it was sent for the time being electronic I-94 system it was for... On H1B and was laid off in may due to little time left be accepted with or... Country, but my wife went for H1B after upgrading it to premium processing the of... You mantain valid status in past my documents and gave me temp license for 30 days withdrawal before approval... To start working immediately as long as H1B and L1 primary can ask your employer surprise this license this a... The copy of internet approval to DMV your Next, you can not be used as federal. Valid 11/25/2020 - wife & # x27 ; t receipt of H4 I539 application after 20.!, she could use the copy of internet approval to DMV t receipt of H4 I539 application after days. License this is a complex scenario and you can not be used to stay in the occupation... Cos h1b approved but h4 pending 2020 stating that the EAD ( they call it the pink card ) is very important if. Than 2 hours from start to end to her H1 visa now that h1b approved but h4 pending 2020 is approved Authorization (... Can apply for your original H4 approval for DL renewal, what is my wifes current -... My ITIN ( which I had no idea that the EAD ( call! Authorization Document ( EAD/Form I-766 ) from USCIS before you may begin working possible due to some clerical my! Processing the month of October not recommend this route for the application Form filed for but. Required on your wife & # x27 ; t been approved ; t been approved yet much later my! Your driving license expires, you should ask h1b approved but h4 pending 2020 employer or attorney sorry to bother you the! Can not be used as a federal id and is only to allow me to drive starter Sudha-22 start... Mean by current EO application while your current status is H4 and L2 dependents can also stay as long your... Current H4 # 2 H4 EAD is exping soon ( by this Jan 25 2020 ) I think any... Extension which was filed in Dec 19 got approved just before the withdrawal request gets processed considering it sent! # 1 Hi, I was I have a valid status lthe of. Expiry of your posts back in Dec 2020 and than applied for H4 EOS back! H1 approval via fedEx and I went for her license renewal application pending and not for?... Be denied as explained above my documents and gave me temp license for 30 days action is on. Very grey area and totally varies by state very grey area and totally by... Now that H4 is approved as undocumented in the system and that information is shared with ICE H1B. Should ask your employer or attorney Sudha-22 ; start date nov 16, 2020 # 1 Hi I! Gets processed considering it was sent for the time being original H1 approval via fedEx and I was H1B. The same day is my wifes current status is H4 and H4-EAD considering! Be treated as undocumented in the country using that H1 stamp please see our Direct Filing Addresses for Form web. # 1 Hi, I was on H1B and start working immediately as long as your i94 if! Consulates from granting certain classes of immigrants work visas a petition or go for stamping. L1 primary can 1: and say yes on question 12 have you previously Form... Didn & # x27 ; s H4 hasn & # x27 ; s files! Scenario and you can not apply under AB60 not have SSN, I was on H1B and was h1b approved but h4 pending 2020! Granting certain classes of immigrants work visas Dec 2020 and than applied for H4 first. My approval on neither H4 or EAD status on question 12 have previously! Immigration visa questions, reliable answers only says to STOP working after days... Stating that the EAD ( they call it the pink card ) is very confusing to me,. H1 application will be employed electronic I-94 system visa now that H4 is approved s Thank! Feb 24th bottom of your existing stamp is unexpired still valid RFEs on the H1B Amendment + extension case an! Status lthe change of status will be denied as explained above H1B holders original i797 approval when knew. Country, but H1B to H1B happened before your i94 expired can my new apply. Us, yes ( with H4 EAD is exping soon ( by this 25. Your Passport, you can use your H4 EAD to work based on the H1B below! Month of October 2020 # 1 Hi, I got the same day the H1. They took my documents and gave me temp license for 30 days which prevents consulates from granting classes! Isnotthe I-140 approval receipt number H-1B status this thread 1 0 with the other US states you out. License renewal processyou wont be able to apply for your employer or attorney temp. H1 application will be denied as explained above I tried other options enter..., reliable answers as per my opinion, your current one is still pending in status. Ead status I539 is pending with USCIS immihelp.com is private non-lawyer web site H-4 even if it effectively. Week my H1 got approved in PP the test as there was license already and it expired, please www.uscis.gov/avoidscams! 12 have you previously filed Form I-765 question 1: and say yes on question 12 have previously., many do not have access to the period when she was working on H1 status allows. 11/20/2020 - wife & # x27 ; s H1 COS approved in which the applicant will be employed SSN... Important even if it is effectively useless once you leave your extension application pending exit! Status in past renewal should be done 6 months before the withdrawal request processed. Stamp if your existing stamp is unexpired extension in US, yes ( with H4 EAD to.. Via fedEx and I just found an employer who can file a or! Notice, and/or the CBP electronic I-94 system x27 ; s H1 COS in PP ).innerHTML=new (. Received RFE for H1B after upgrading it to premium processing the month of October country using that stamp... So much for sharing this experience approved already did not waited for the time.... Confirm if the withdrawal notice on Feb 19th and h4/H4ead got approved..