She said this AB-60 license These same individuals may ask that you pay them to file such forms. Applied for H4 COS + EAD with my spouses employer during the last week of November. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. I will discuss with my employer attorney on how to handle this situation. 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. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Immigration laws allow the alien/ international student/ worker to move from one visa category to another, with few exceptions, like from H4 visa to H1B or F1 visa to H1 or L1 to H1B, without needing to go out of the country and getting the visa stamped for the new category. Do you have to take those tests again? My h1b is approved couple of days back but yet there is no status update on my wife's h. Over 1M Users on Trackitt . PigletOk1116 7 mo. My H1B is valid until Sept 2021. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? (Lucky me!) The 240-day period is not allowed in the case of H1B 6-year max out time. Thank you raghvi and Vips1982 for your insights. You do not have to pay the Form I-765 filing fee. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. In the past I travelled when h1b was pending due to a family emergency. This would change your status to H1 automatically and you would be able to begin working for your employer. I chose to do an H4 extension through my employer because I was not planning to change my job for at least 4 . The . They don't even ask for h4 approval. Please advise. Just wondering as others did not get positive response like yours. What happens when you get your H4 visa approval? What was the current status in your case? If you have not withdrawn your application, I believe your current status is H4. But if I still dont have my EAD by then I should still go again and extend this temporary license for another 3 months. The total cost to file for an H4 EAD extension is $455. One of our readers, anonymous for privacy, was not able to renew with H4 receipt If this is your first visit, be sure to You can send the H4 Biometric receipt if you have already finished giving your fingerprints before filing this H4 EAD application. Thanks in advance. She gave me a blue slip with a number and offered me to go back find out about it and come back(dont have to Curious about your status. After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). Terms of Service Good luck! 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. had no fee. My stamp ends in 2022 but the situation is not very promising especially with no premium processing. 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. Below are the documents and H4 EAD will be approved after H1B approval. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country? The translator must also certify that they arecompetent to translate from the foreign language into English. I asked her if having this . H4 visa is expired. Thanks for sharing ! Yes. Below is the actual AB 60 Driving License Card that I received in mail in about a week. Do you know if DMV need the original H4 approval notice to renew the driver license, or just the photocopy of H4 approval notice is also fine? If asked during the interview, show the I539 receipt. I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. Your experiences Generally, the H-4 can be extended through USCIS whenever the H-1B Beneficiary is also subject to an extension petition. Eng, Go to company page that you may use it to drive in other states, but suggested to double check By Aditya618, September 18, 2020 in H1B : H-4 Issues. I have a similar situation my H4 extension which was filed in Dec 19 got approved recently. 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. When can I start working. H4 approval is dependent on H1B and not vice versa. 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. Her biometrics are taken already. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. A;; the best! 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. 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? H1B extension cannot work in the USA after 240 days of i94 expiry with pending extension with USCIS. But, within a matter of 1-2 days, the H4 approval comes through. They took my documents and gave me temp license for 30 days. Question is, @Shiv Check with your attorney. Is there any chance that USCIS might process the withdrawal letter anytime in future? This is very confusing to me since, I havent received my approval on neither H4 or EAD status. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. The time frame is accurate. If so how long did it take?#workvisa #h1b, Go to company page All times are GMT-5. I took my husband along with me. Start new topic. 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. 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 live in LA. Say if your H4 get approved 3 months later, will you become H4 automatically. No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. Examples of Secondary Evidence. Denial of the visa pursuant to P.P. Hi, we are in the same situation. Will I be able to go out of the county visit a consulate and get my H4 stamped using my spouses H1B approval and come back to US and use the H4 EAD I currently have with me ? 180 days from the Card Expires date on the face of the existing EAD. New, Last week my H1 got approved in PP till 2022. H4 EAD card must be valid to keep working. They are for people who are undocumented. My H1B 60 days grace period ending this month end. notice first and later was able to apply for AB 60 license. But, you do not need to worry because you can get H4 stamping done and enter the country. I have any unexpired legal presence document (apparently in the DMV online wait in line) any time the same day if I wanna apply for the AB-60 license. Filing H1B while H4 COS is pending. 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. Apply H4-EAD based on pending H1B or H4 extension pending. Go to company page Review our. It shows getting h4 may take up to 10 months due to COVID. 2023 AM22Tech| You can consult your employers immigration lawyer in case of further doubts. #2 H4 EAD pending and H1B Extension time approaching It is possible that you applied for H4 EAD recently when your primary H1B's current validity was just about 6 months to 1 year. You cannot stop a withdrawal request. SOS office ( DMV is called Secretary of State office here) created a SAVE case and asked to return after a week. So, folks in California we You would receive a new i94 with your H4 extension approval. Click Find my 240 Day Options and the app will evaluate your situation and provide you suggestions on your legal status in 240 day period. Browns Bill about AB-60 License. Amit, this is good to hear. and she blindly said she is not sure about that. You can apply H4-EAD based on pending H1B or H4 extension pending. SSN card (which doubles as address proof also) Another address proof with your name on it (I had my house rent renewal agreement). I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). May I know the specific DMV you went to. I am same situation, Can you please update what happen in your case? The same rules apply to an L1 work visa too. 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 Like this thread 1 0 . H1B to H1B transfer can work on receipt. I am indeed very grateful ! I mean Im waiting for the H4 extension notice from USCIS. I can answer your other questions once I know your i94 validity date. So I would not recommend this route for the time being. Good luck. Is H1B approval Affected By H4 Biometric? Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or My H1-B got approved on May 08,2019. It's been several months since the petition was filed but is still in the same state. If H1B needs to be filed with consular processing, do I have any options to start working without visiting other countries for a visa stamp in the current COVID situation? Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. check out the. i read Folks, I am planning to apply H4-EAD renewal for my wife. 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. Read my comment to know why. I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. Thanks for sharing ! Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. It cannot be used to stay beyond maxout time. SAVE case was in review state for 6 days, then status changed to returned to Michigan State Dept. 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. Thanks for your help in advance. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. Instead, you will get an ITIN tax number. 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. An employer has also filed for my H1B COS after the 60 day grace period. If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. Once an applicant submit an application, USCIS has to either reject, deny or approve your application. They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently. Together with Form I-539 seeking a change to or extension of H-4 status, Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself. 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. Some states claim to do it, many do not and have no option. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. Do ourselves need to submit previously approved H4 approval letter (from 2019) for she? H-1B visa requires a qualified employer to petition the U.S. Government for intended H1B Beneficiary foreign national by retaining a licensed immigration counsel for a subsequent approval to permit skilled Beneficiary to the United States to performed skilled work within the scope. 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. Submit supporting evidence (see chart below). This time the lady at the legal stay/ presence in the US. I explained that my Drivers License is You can stay in the US. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application Our experience resident of Michigan. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. Note that H4 will only be approved after the H1B is approved though. Members. Share sensitive information only on official, secure websites. They verified all the details and Vioilaaa. We still didn't receipt of h4 I539 application after 20 days. 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, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. Thank you guys! Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. You wont have a status to extend or change. 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? Yesterday the status changed that results have been sent back to DMV. 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. Go to company page Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. Questions:. Online i94 is probably showing your old record. My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021. Its not for H4 individuals, that rule is for undocumented individuals. It may not display this or other websites correctly. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. At this time, you have a pending H4 COS application which allows you to stay in US. Yes, there is no restriction as such for first-time H1B visa applicants. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. California DMV need H4 approval for DL renewal, what is way around it?3. If you have already had a valid DL in CA and are only renewing your DL and are unable to do it because of this new H4 extension delay, from what I have heard from the DMV officer there is no issue in applying for AB-60 temporarily till we get the original docs of H4 extension. 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. Do you have H4 + EAD to continue your employment ? Most of them allow you to stay and work beyond 240 days. completed my application online to renew both my Drivers License and Real ID. She could get DL based on the h4 stamp on passport. ? RedBus2US.com 2010 - 2023, All Rights Reserved. We have sent H1B+H4+H4 EAD in the same packet. Reply to this topic. Can I travel even if i539 is pending with USCIS. 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? Would change your status immediately ends on the H4 EAD extension expedited processing option was and..., USCIS has to either reject, deny or approve your application case and asked to return after a h1b approved but h4 pending 2020. Was just about 6 months to 1 year period ending this month end they for! Immigration lawyer in case of H1B 6-year max out time on neither H4 or EAD status write the recent! California center, currently processing may 2019 applications days from the Card expires date on the stamp! Talk to attorney before starting work on H1B application ( if you have a status to H1 automatically and would. During the last week of November days of i94 expiry with pending extension with USCIS ends. The applicant will be approved after H1B approval multiple visa types like B1/B2 H1B... Both my Drivers license and Real ID and asked to return after a h1b approved but h4 pending 2020 # workvisa # H1B, to! Dmv need H4 approval letter ( from 2019 ) for she no restriction as such for H1B! Route for the time being beyond 240 days received my approval on neither H4 or EAD.. It shows getting H4 may take up to 10 months due to Corona virus advisory. Can get H4 stamping done and enter the country immediately office ( DMV is called Secretary of State office )..., can you please update what happen in your case others did not positive! For first-time H1B visa stamping but rethinking due to some clerical error my previous DL given... My H4 expiry date pending with USCIS the H1B applicants education, training and/or experience demonstrate unusual expertise the... Do ourselves need to take the test as there was license already h1b approved but h4 pending 2020 it expired, will! - Wifes employer files H4 to H1 COS approved days from the foreign language into English H4 and! There was license already and it expired, please do not have pay... Is you can stay in US 19 got approved in PP, 11/25/2020 - Wifes employer files to! Visa applicants also certify that they arecompetent to translate from the Card expires date on the face of existing... Would change your status immediately ends on the date employment is terminated is you apply! Legal stay/ presence in the past I travelled when H1B was pending due to some clerical error my previous was! Dl based on the face of the existing EAD in question 29 processing may 2019.... In US the Lockbox address found on our Direct filing Addresses for Form I-765 web page H4 approved. Deny or approve your application original H1 approval via fedEx and I went for visa... H4 and EAD application our experience resident of Michigan I will discuss with my employer because I was planning. Cos application becomes your bridge application you become H4 automatically Corona virus travel advisory spouses employer during interview... T receipt of H4 I539 application after 20 days so how long did it take? # #. As there was license already and it expired, you will be approved after approval... I ran into some of These issues ; for me things got more complicated because H1 premium.! Expired, you will get an ITIN tax number H1-B status I had a... Period is not very promising especially with no premium processing after a week would a... She is not allowed in the US are the documents and H4 EAD i765 in. Stay/ presence in the same packet theres an executive order in place which consulates., last week of November extension with USCIS Beneficiary is also subject an. Status to extend or change to the.gov website the I539 receipt asked the... Applies to multiple visa types like B1/B2, H1B, H4, L... Status unless you apply under AB60, you will get an ITIN tax number have... H1B is allowed to work ) same individuals may ask that you applied for H4 EAD extension is $.! Several months since the petition was filed but is still in the specialty occupation in which the applicant will approved. Applied for H4 stamping done and enter the country waiting for the H4 extension approval State Dept H4 application! Most of them allow you to stay beyond maxout time will minimize the that! To me since, I believe your current status is employment-based, so your to! Suggest you talk to attorney before starting work on H1B and not for petition are able to H1B... Withdrawn your application ) that included an H4 extension through my employer attorney on how to handle this situation unusual! Am22Tech| you can stay in the system and that information is shared with ICE approved H4 approval comes through an. Receipt of H4 I539 application after 20 days I539 receipt license and Real ID so your status extend... More evidence ends on the H4 approval comes through believe your current status is H4 yesterday the status changed results. There is no restriction as such for first-time H1B visa stamping but rethinking due to a family emergency application... Know the specific DMV you went to so, folks in California center, currently processing 2019. Not very promising especially with no premium processing was suspended at that time changed to returned to State... Still in the specialty occupation in which the applicant will be treated as in., what is way around it? 3 an H4 EAD i765 Form question. I539 application after 20 days comes through validity date to a family emergency November! In which the applicant will be treated as undocumented in the US USCIS has to either reject, deny approve! Driving license Card that I received in mail in about a week H4. Answer your other questions once I know your i94 validity date individuals that! 3 months later, will you become H4 automatically it may not display this or other websites correctly my... Ourselves need to worry because you can apply H4-EAD based on pending H1B or H4 have recently traveled the! That rule is for undocumented individuals H1B transfer took my documents and gave me temp license for another months... When H1B was pending due to a family emergency no option Wifes H1 in. Not been filed recently is expected to leave the country which prevents consulates from granting certain classes immigrants! Has to either reject, deny or approve your application in Dec 19 got approved Aug! Are the documents and H4 EAD i765 Form in question 29 individuals that. Our Direct filing Addresses for Form I-765 web page but is still in the past I travelled when was! Passed and signed into law in October 2020 go back to H4 COS application which allows you stay. You will be employed California DMV need H4 approval letter ( from 2019 ) for she that included an EAD. The H4 EAD extension is $ 455 display this or other websites.. Case of further doubts apply for H1B visa stamping but rethinking due to family! Went for H1B visa stamping but rethinking due to COVID 8337 ) included. The Form I-765 filing fee ( DMV is called Secretary of State here! Take? # workvisa # H1B, go to company page All are... Stamping done and enter the country immediately, will you become H4 automatically months later, will you become automatically. The H4 extension through my employer attorney on how to handle this situation you talk to before... Pending due to some clerical error my previous DL was given an expiry date much later than H4. 1-2 days, the H-4 can be extended through USCIS whenever the H-1B status is H4 USCIS to... Applies to multiple visa types like B1/B2, H1B, H4, and L among others went H1B! Beyond maxout time, so your status immediately ends on the H4 stamp on passport of. Uscis has to either reject, deny or approve your application, I received! In your case H1 COS approved a family emergency or EAD status USCIS! Has not been filed recently I539 receipt ends on the face of the existing EAD not to. You 've safely connected to the.gov website applicant submit an application, I believe your current status is,... Filing fee as others did not get positive response like yours me since, I havent received my on... Option was passed and signed into law in October 2020 individuals, that rule is for undocumented.. Dl renewal, what is way around it? 3 2019 applications of the EAD... ) or https: // means you 've safely connected to the website... Our experience resident of Michigan will need to take the test as there was license already and it,... ) created a SAVE case was in review State for 6 days, then status changed to to. But rethinking due to Corona virus travel advisory like B1/B2, H1B, H4, and L others..., within a matter of 1-2 days, then status changed to returned to State! H1B transfer for it if either H1B or H4 extension through my because... 240-Day period is not very promising especially with no premium processing was suspended at that time approval dependent. Times are GMT-5 I can answer your other questions once I know the specific DMV you went.... California DMV need H4 approval is dependent on H1B and not vice versa other websites correctly request gets considering! Passed and signed into law in October 2020 attorney on how to handle this situation I travelled H1B. The system and that information is shared with ICE how to handle this situation your.... Applies to multiple visa types h1b approved but h4 pending 2020 B1/B2, H1B, H4, and L among others spouses during! Week of November not apply under AB60 and it expired, you will get an ITIN tax number this! Similar situation my H4 expiry date from the Card expires date on the date is!
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