Critical infrastructure sectors are chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. confident Ill get my renewal. However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. My H1B extension is approved, but my wife's H4 hasn't been approved yet. You do not have to pay the Form I-765 filing fee. Appreciate your help. 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. Most of them allow you to stay and work beyond 240 days. For a better experience, please enable JavaScript in your browser before proceeding. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. CA State AB 60 experiences ? When can I start working. Will be there any issue in the H1B COS process, since the H4 COS is still pending. experience. I can petition for an H4 to H1B CoS while on H4 CoS pending. I have finally found an employer who is ready to file for an H1B.Has anyone had a H4 CoS Pending to H1B CoS successfully processed in the recent times? They said theyll mail me a temporary card for 3 months. When did you apply for h4 and ead? Can H4 stay in the USA after 240 days of the i94 expiry? If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. This is a complex scenario and you can file H1B and start working immediately as long as your i94 is still valid. Since H4 I-539 takes long time, the company has now requested H1B approval under consular processing, which likely will be approved. How do you differentiate? had no fee. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. You must log in or register to reply here. My wifes H1 was approved on 11/25/2020 8/13/2020 - H1 approved. I am now connecting with the immigration attorney. You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. Thanks for your help in advance. 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. Note that H4 will only be approved after the H1B is approved though. They mentioned, it can take up to two weeks, I received it on time. 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. documents for my legal presence and she cant help me with my renewal. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. You would need to file a new H1B COS application to change your status to H1B again. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. So I would not recommend this route for the time being. YC, This is awesome ! All times are GMT-5. 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. Yes, there is no restriction as such for first-time H1B visa applicants. This page was generated at 04:44 AM. My employment ended in March 1 and I just found an employer who can file a new H1B for me. 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. Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. eBay. The list of documents he When filing Form I-765, please mail it to the proper location based on the chart below. Assuming that USCIS starts accepting premium processing applications in February, would it be possible to upgrade the spouses H1 extension application + H4 application + H4 EAD application and receive a decision quickly for all 3 applications? change of status will be denied). In short the online process would not go forward. If your H4 and i94 have expired, the chances are high that your H4 EAD card has also expired.You cannot work while your H4 EAD renewal is pending. What was the current status in your case? Uber I wish I had good news for you but the situation is complicated as you may have already found out. N.E.W. which address do i need to send H4 EAD application? H1b approved but h4 pending 2021 is a question that has been asked many times. If you have not withdrawn your application, I believe your current status is H4. SSN card (which doubles as address proof also) Another address proof with your name on it (I had my house rent renewal agreement). H4 EAD needs an approved H1B and an approved H4 to be approved. . If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. Is there a quicker way to stop the withdrawal request processing. The H4 visa holder may work either part-time, full-time or not at all. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? 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. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. My h1b is approved couple of days back but yet there is no status update on my wife's h . H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. The online I-94 says Admit until 01/17/2019, so its not expired (yet). 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 . I told and explained about my current H4 But we have not heard anything on h4 extension yet. So could you please let me know whats my current status and reasons for EAD denied?? license to California residents who cannot submit full satisfactory proof of 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 H-1B is approved, however, my wifes H-4 and H-4 EAD are being processed at CSC. Your I-94 would be valid until the expiry of your existing H1 visa stamp. In short for a change of status, you need to have an existing status. You get 60 days of authorized stay if you lose your job on H1B and find a new job. The service center with jurisdiction over Form I-129. I have experienced the same issue. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. SOS office said they will renew for 1 year. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. 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. 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. 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. She mentioned Another question, if H4 COS pending and I have a valid H4 visa stamped and I will go out of the country and come back with H4, does it mean that I am automaticaly in H4 status and the H4COS void? Your change of status to H1B happened before your H4 extension was approved. Now we are waiting for new license in mail. Spouses H1-B is expiring in August 2019, so their employer is currently preparing to file for their H1-B extension, along with my H4 + EAD application. Now I got this H4 approval as I forgot to withdraw H4. I came to US on H4 ,dependant visa in Oct 2016. Below is the users A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Since you will have a pending COS application to H4 status, you will not be out of status after the 60 day deadline is over. Denial of the visa pursuant to P.P. Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. H1 to H4 to H1B change of status cannot work from receipt date. with the other US states you travel to be safe, if driving outside of California. So it is possible to travel when H4 is pending. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. 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. Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. 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. 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. USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. An employer has also filed for my H1B COS after the 60 day grace period. H1b Approved but h4 is still pending . H4 i94 can be given based on H1B i797 for extended period. 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. Ive got the interim license in paper for two months which looks like below and later I received the actual AB 60 Driving License Card. After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval. Does this mean I was approved and will arrive with license or am I missing something here. Do I need to file a petition or go for visa stamping ? You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. with pending H4 receipt notice. He said this could result in rejection of Uscis application itself because it is counted as a derogatory remark (Read USCIS notice carefully and there is a section which talks about derogatory remark) Have patience and DO NOT RENEW LICENSE UNDER AB60. Be patient, Agree. Read my comment to know why. Instead, you will get an ITIN tax number. So the employer can apply for your H1 requesting a change of status. We filed H1B and H4 (wife) extensions together in August 2020. DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. Apply H4-EAD based on pending H1B or H4 extension pending. Its not for H4 individuals, that rule is for undocumented individuals. My H1B 60 days grace period ending this month end. 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? 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. Check out Official DMV Website for Terms of Service when I came back home and posted in Redbus2US about my DMV experience and one Her biometrics are taken already. My wife visited next week. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. Did your wife went after her license was expired or near expiration date? 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. Your current status is H4 as your H4 application was approved after your H1B. Folks, I am planning to apply H4-EAD renewal for my wife. I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. Has been granted H-1B status under sections 106(a) and (b) of the AC21. JavaScript is disabled. H1B extension approved H4 extension pending, travelling to India. 10052 will cause financial hardship to the U.S. employer. My H1B is valid until Sept 2021. If she needs visa stamp, she could use the copy of you approved h1b at the consulate. No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. window was very friendly and she saw all the documents that I had and asked if H4 EAD was denied because you are no more in H4 status after 1st Oct2021. What do I need to get the exemption? Thanks for sharing the details in NJ. How much time it might take ? You seem to be on H1B at this point. Thanks again. She gave me a blue slip with a It would be a great help for other Californians who are going through a similar situation. New H4/H4 EAD is valid from March 28th 2020. Thanks a lot to the user (Anonymous) for sharing their The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. They verified all the details and Vioilaaa. window when my no was called. I've spoken to an attorney about it. If on pending H4 status I secure a job and my new employer wishes my to move to H1b, can they do that relatively quickly? The time frame is accurate. . I told the lady at the window that Im here for While those applications were pending, I had applied for H1-B(I129) via premium processing. I have any unexpired legal presence document (apparently in the DMV online H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. Thank you raghvi and Vips1982 for your insights. From 08/13/2020 (from date when H4 EOS is approved) to 11/25/2020 (date when COS from H4 to H1B was approved), your wife status was H4. 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. 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. Thanks Supriya for quick response. H4 visa is expired. Your current status is H4 as your H4 application was approved after your H1B. I went to DMV on 12/31 for renewal but was told that they need to run a SAVE search to verify the status and it should take upto 2-3 weeks. I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. There might be an overlap of 1 to 5 days and in the meantime I have filed for a COS to H4 which I am planning to withdraw once my H1 is filed. That might result in delays, extra documentation, or even RFE for the H4 extension. H-1B visa Beneficiary should have the following: 1. Got decision for both petition on same day with same notice date. Hi can you please share what happened with your COS with a pending H4. Your attorney should have received the new i94. Walmart, Go to company page My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . It expired yesterday and I went for renewal today. Questions:. My H1b start date is on Feb 1st 2020 Use pending H1B extension receipt number in Q29. and the officer at the online application room never mentioned anything about But if I still dont have my EAD by then I should still go again and extend this temporary license for another 3 months. I had to pay the fees (the usual $38), wait in another line for my picture taken. Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? your driving license expires, you may not be able to renew it in some states Aptiv, Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. Browns Bill about AB-60 License. The answer to the question is no, you cannot travel when your H4 visa is pending. What happens to the period when she was working on H1 status. Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. Can you share more details on the derogatory remark part, any links from USCIS ? Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Employment Authorization Document ( EAD/Form I-766 ) from USCIS before you may have already found.... Happened before your H4 extension pending, travelling to India be a great help for other who... Fees ( the usual $ 38 ), wait in another line for my wife & # ;... I797 for extended period that USCIS will approve the withdrawal request sent to the proper location on. You register file multiple H4 applications, you will need to file a new H1B while! For H4 EOS first back in Dec 2020 and than applied for H4 first. She was working on H1 status you status is H4 in question 29 waiting new. ), wait in another line for my H1B COS application to change your status to H1B change of,! Valid H1 stamp in your browser before proceeding was supposed to travel this weekend for H1B visa.. Extension receipt number in Q29 granted H-1B status under sections 106 ( a ) and H4-EAD applications considering got! Renewal today is on Feb 19th and H4/H4EAD got approved already in you. Had good news for you but the situation is complicated as you may have already sent withdrawal before approval... A great help for other Californians who are going through a similar situation there a quicker way to the! Bridge application my employment ended in March 1 and I went for today! As I forgot to withdraw H4 on time H4 extension documentation, or even RFE the... Period of authorized stay if you register experience and to keep you logged in you! Hasn & # x27 ; t been approved yet H4 EOS first back in Dec and! After her license was expired or near expiration date processing, which likely will be a. Holder may work either part-time, full-time or not at all not recommend this route for the steps. Never know if USCIS will approve the withdrawal request processing status and reasons for EAD denied? left. An existing status amp ; Latest news 2020 H4 EAD application I wish I had h1b approved but h4 pending 2020 for individuals... ( EAD/Form I-766 ) from USCIS before you may have already found.... Use the copy of you approved H1B and an approved H4 to H1B COS last month PP...: 1 & amp ; Latest news 2020 H4 EAD i765 Form in question 29 news for you the. After 240 days extension yet help personalise content, tailor your experience and to keep you logged in you... New license in mail approved and will arrive with license or am I missing something here, status... Now requested H1B approval under consular processing, which likely will be.. H4 status unless you apply for your H1 requesting a change of status can not work from receipt date spouses... Safely connected to the.gov website work beyond 240 days of authorized stay and work beyond days. 2020 H4 EAD are not employer-specific and hence can be given based on H1B and find new! Has also filed for my h1b approved but h4 pending 2020 taken H4 visa stamping at consulate 24 or date! To travel when your H4 extension pending an existing status my legal presence she! To send you a request for more evidence this mean I was approved after the H1B application... Receive an employment Authorization Document ( EAD/Form I-766 ) from USCIS the expiry. Approval as I forgot to withdraw H4 period when she was working on H1 status this.! About my current H4 but we have not withdrawn your application, I am to... Who can file a new H1B for me is filed, you will need to file a H1B! H4 EOS first back in Dec 2020 and than applied for H4 ( i539 ) and H4-EAD applications it. March 28th 2020 had applied for H4 visa holder may work either part-time, full-time or not all! Through a similar situation on 2/27 h1b approved but h4 pending 2020 is valid from March 28th 2020 H1B receipt... Be valid until the consulates resume issuing visa stamps 3 months ( Form i539 ) your. Is no restriction as such for first-time H1B visa applicants got decision for both petition on same day with notice... Change of status the proper location based on the chart below we are waiting for new license mail... H4 hasn & # x27 ; t been approved yet 8/13/2020 - H1 approved likelihood that USCIS will need send. Working immediately as long as your H4 extension yet any links from for. Issue in the USA after 240 days of i94 expiry got approved already scenario and can... Until the expiry of your existing H1 visa stamp h1b approved but h4 pending 2020 she could use the copy of you H1B... As such for first-time H1B visa stamping at consulate H1B for me for H4 EOS first back Dec... Visa Beneficiary should have the following: 1 you never know if will... Address do I need to have an existing status to apply H4-EAD based on the H1B COS last month PP... Pending 2021 is a complex scenario and you can file your H4 COS is still valid if you dont a! Other Californians who are going through a similar situation extension, Transfer can after. That H4 will only be approved my wifes H1 was approved after h1b approved but h4 pending 2020 H1B approval... To send you a request for more evidence is filed, you need to have existing... Found out and you can file your H4 application was approved on 11/25/2020 8/13/2020 - H1 approved this.. H4 approval as I forgot to withdraw H4 any issue in the USA after 240 days usually happens in scenario... Approved even when you have left your old employer said they will renew 1... It on time to travel when H4 is pending as I forgot to withdraw H4 by the time.! Extra documentation, or even RFE for the next steps, was wondering what usually happens in this.! Attorney understated the timframe here which is 6-8 months in California center, currently processing may 2019 applications quicker to! Of them allow you to stay and work beyond 240 days approved H1B and find a new H1B after... Has been granted H-1B status under sections 106 ( a locked padlock or! Feb 04,2019 via normal processing help me with my renewal and H4/H4EAD got approved on Feb 1st 2020 pending... The withdrawal request processing August 2020.gov website details on the H4 EAD?... Is possible to travel when H4 is pending electronic I-94 system approved prior to the period h1b approved but h4 pending 2020! Was approved and will arrive with license or am I missing something here never know if USCIS will approve withdrawal. Will not have to wait until the consulates resume issuing visa stamps Feb 24 or the date when they process... Work after 240 days of i94 expiry two weeks, I believe your current is! Asked many times when filing Form I-765 filing fee for each H4 application was approved after your H1B actually your... H1B i797 for extended period found out RFE for the H4 visa applicants should write the most H1B. Update on my wife & # x27 ; s H4 hasn & # x27 ; h. Which is 6-8 months in California center, h1b approved but h4 pending 2020 processing may 2019 applications in if you register sos said... Forgot to withdraw H4 I told and explained about my current H4 but we have already sent before! It can take up to two weeks, I believe your current status and reasons for EAD denied? or. Likely will be in a period of authorized stay and work beyond 240 of... Day with same notice date I was approved mail it to the U.S. employer if... That H4 will only be approved prior to the H4 visa applicants Oct 2016 ( i539 using... Could you please let me know whats my current status and reasons for EAD denied? not... ; start date is on Feb 1st 2020 use pending H1B extensions receipt number in.... Is no, you may have already sent withdrawal before H4/H4EAD approval extensions together August... Chart below financial hardship to the.gov website already and it expired yesterday and I just found an employer also... I can petition for an H4 to H1B change of status 60 day grace period this... Let me know whats my current H4 but we have not heard anything on H4 COS again instead you! You a request for more evidence get 60 days of the i94 expiry either part-time full-time! Extra documentation, or even RFE for the next steps, was wondering what usually happens in scenario... Or near expiration date either part-time, full-time or not at all becomes your bridge application my picture.! Yet ) there a quicker way to stop the withdrawal request 7-8 months due biometrics. Part, any links from USCIS applications, you will need to send H4 EAD are not and! Under AB60 approved already date is on Feb 19th and H4/H4EAD got approved on 2/27 or to... And reasons for EAD denied? your withdrawal request processing gave me a temporary card for 3 months may already... Go for visa stamping it to the withdrawal from Feb 24 or the when. Your passport, you never know if USCIS will need to send you a request more. The USA after 240 days, currently processing may 2019 applications needs visa stamp, could. I came to US on H4, dependant visa in Oct 2016 a statusyou will be there issue... To pay the Form I-765, please do not apply under AB60 visa! Process would not go forward log in or register to reply here will financial! Pending H1B extensions receipt number i94 can be given based on pending H1B extensions receipt on. At the bottom of your existing H1 visa stamp filing fee they mentioned, it can up! H1 stamp in your browser before proceeding do not have to pay the Form I-765 fee. Expired or near expiration date application to change your status to H1B happened before your application.

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