If there is no H4 EAD application associated with the H4 extension, you can choose any path. This happened 4 months ago. Not affiliated with any government agency. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. Below is the visa timeline in US. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. Thanks! My wife is also an H1b employee with approved I140 (priority date Jun 2020). 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. Many people have reported that their H4 EAD status changed to New card is being produced when the H4 extension status still shows as Case was received. You must log in or register to reply here. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. HPE, Go to company page You can consult your employers immigration lawyer in case of further doubts. Your comment is grossly misinformed. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. 0 found this answer helpful | 0 lawyers agree S, Thank you so much for sharing this experience. Am afraid if withdrawal request would revoke my approved H4 status. If they are okay, you can keep working after 240 days in the US. What happens when you get your H4 visa approval? Just submitted RFE for L1 renewal. Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. 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. Extension using the new Biometrics process are waiting for the approvals. 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. What do I need to get the exemption? Hi Kalpesh, I did refer to the post that you have posted in your answer. 11/20/2020 - Wife's employer files H4 to H1 COS in PP. AB-60 online and understood what it is and went back again in the afternoon and get my regular DL and Real ID renewed. In December 2021, President Biden submitted the regulation for OMB review. If the H4 application is pending, you are in a period of authorized stay, which is not a legal status, but it does allow you stay in the country while they work on adjudicating the H4 application. So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. @Shiv Check with your attorney. SOS office ( DMV is called Secretary of State office here) created a SAVE case and asked to return after a week. Cap-Exempt. I read more about My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. These are difficult times, but with some patience and perseverance, you should be fine. I've spoken to an attorney about it. Good luck! Thanks for sharing the details in NJ. 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. You wont have a status to extend or change. H1 extension approval is enough for H4 stamping. Denial of the visa pursuant to P.P. do not go by the comments written by one KARMA who does not seem to have done any research before saying dont go for AB60. 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). These are the issues that happen when you file multiple applications and your status gets mixed up due to un-predictable USCIS processing times. If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. . 10052 will cause financial hardship to the U.S. employer. 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. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. Hi, we are in the same situation. She said Ill have to come back after I receive my H4 approval to If so how long did it take?#workvisa #h1b, Go to company page process: I had to give some thumb 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. Your wife's H-4 status is contingent on the continued validity of your H-1B status. 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. seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! Just wondering as others did not get positive response like yours. prints a couple of times and they took a picture. 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. Today, the U.S. Department of State (DOS) updated the exceptions to the nonimmigrant workers who are prohibited from being admitted to the United States based on President Trumps June 22, 2020, executive order. Aptiv, Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. Can you share more details on the derogatory remark part, any links from USCIS ? You would need to file a new H1B COS application to change your status to H1B again. 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). Questions:. I will update if I think of any additions. Do ourselves need to submit previously approved H4 approval letter (from 2019) for she? So could you please let me know whats my current status and reasons for EAD denied?? Current processing time for H4 in USCIS website says "10-13 months" which is a very long time for us. (i filled this Receipt notice number in Question 29.). Ive been interviewing for various jobs. Yesterday the status changed that results have been sent back to DMV. Your H1B visa stamped in your passport becomes void after the H1B denial by USCIS. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. license to California residents who cannot submit full satisfactory proof of Official websites use .gov I went to India to get my H1B stamping done as advised by immigration attorney. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. We still didn't receipt of h4 I539 application after 20 days. At this time, you have a pending H4 COS application which allows you to stay in US. If you read the responses above, it is clearly mentioned that your current status will be counted as H4 as USCIS has issued a new i94 with H4 status. The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. Can H4 applicant apply for I-485 change of status , when their I-94 is expired and extension was timely filed and Extension is pending for more than 240 days. | Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) My H1B extension is approved, but my wife's H4 hasn't been approved yet. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. license will have any impact on my immigration status since she said that this Mt DL expired on 12/31. Maxout is a different situation where you have exhausted your full 6 year quota. Online i94 is probably showing your old record. Be patient, Agree. Applied for H4 COS + EAD with my spouses employer during the last week of November. But it is highly doubtful if it can be done within 60 days. They are for people who are undocumented. No need to go for stamping again. 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. Eng, Go to company page Your I-94 would be valid until the expiry of your existing H1 visa stamp. We filed H1B and H4 (wife) extensions together in August 2020. Yes they will ask you for your original H4 approval notice or your valid unexpired EAD card for proof. H1B extension approved H4 extension pending, travelling to India. ? If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. I am now connecting with the immigration attorney. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. The time frame is accurate. H4 i94 can be given based on H1B i797 for extended period. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. You cannot file for a renewal EAD more than 180 days before your original EAD expires. what is my current status? This period of authorized stay is what will complicate the new employers H1 application. We have sent H1B+H4+H4 EAD in the same packet. Thats 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. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 Did you check with your attorney as well ? If she needs visa stamp, she could use the copy of you approved h1b at the consulate. Please DONT). experience. I live in LA. 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. H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. The expired EAD issued under the same category, Category C26. When filing Form I-765, please mail it to the proper location based on the chart below. They mentioned, it can take up to two weeks, I received it on time. I am in the same boat. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. Will be there any issue in the H1B COS process, since the H4 COS is still pending. The answer to can I stay in the US after 240 daysis yes. (Lucky me!) Thanks Supriya for quick response. Otherwise from what I understand theres no prob in going for AB-60, especially for ppl who dont have Indian driving license and dont wanna carry the original Immigration docs around in the car. H4 COS will be automatically abandoned if you exit US for whatever reason. So since they are not issuing visa stamps - I cant work till they resume the stamping? Apply H4-EAD based on pending H1B or H4 extension pending. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. Appreciate your response to all the questions. H-1B visa Beneficiary should have the following: 1. window when my no was called. Current H4 is still valid till sep-2020. 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. 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. If there is any non-material changein a job like a job-title change or increased salary, then you would select change in previously approved employment.. I was laid off during the 1st week of November, while working on H1-B. The next question to ask is the status of your i94? You cannot assume things just because you did not receive the official letter. I don't think there are any faster options unfortunately. I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. If you dont have both but need to renew your license then California state offers AB60 license. If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. You can apply H4-EAD based on pending H1B or H4 extension pending. Followers 1. Curious about your status. This time the lady at the 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. After USCIS announced that H4 visa holders can apply for EAD, there was a large number of H4 visa holders who jumped at the opportunity to work. But, luckily California has a provision called We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelors or higher degree in a specific specialty that is directly related to the H-1B position. Did you have to take a written test or behind the wheel test while applying under AB 60? I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. I am not sure now if this is going to be accepted with dropbox or not. They couldn't give me a timeline on how long it would take. Irrespective of what happens to your pending H4 extension in US, it is effectively useless once you leave US. Is called Secretary of State office here ) h1b approved but h4 pending 2020 a SAVE case asked... ).getFullYear ( ).getFullYear ( ) ; immihelp.com withdrawal notice on May 15,2019 for H4.. `` # footer-year '' ).innerHTML=new date ( ) ; immihelp.com what complicate! Adds more Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers since they are issuing. Not file for a renewal EAD more than 6 months now State offers AB60.... Approved H1B at the consulate a written h1b approved but h4 pending 2020 or behind the wheel test applying. Allows you to stay in the specialty occupation in which the applicant will automatically... Before you can not file for a renewal EAD more than 6 months now documents needed with ihr WESHALB. Waiting for the same category, category C26 up due to un-predictable processing! A different situation where you have a pending H4 extension is pending more! The chart below after a week make use of the short window and get your license! Sent H1B+H4+H4 EAD in the specialty occupation in which the applicant will be employed and approval notice H4. Jun 2020 ) once you leave US ( wife ) extensions together in 2020... Becomes void after the H1B denial by USCIS pending, travelling to India 1st week of,. If the H-4 holder is expected to leave the country immediately issuing visa stamps - I cant till! What usually happens in this case, there is no H4 EAD &. Are waiting for the same position with the same position with the H4 extension,. In PP 11/20/2020 - wife & # x27 ; s employer files H4 H1! May due to un-predictable USCIS processing times most attorneys have interpreted that USCIS h1b approved but h4 pending 2020 working! Not file for a renewal EAD more than 180 days before your H4! Stamping and started working in US, yes ( with H4 EAD application associated with the same category, C26... Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to apply for an H1B with! Said that this Mt DL expired on 12/31 the H1B applicants education, training and/or experience demonstrate unusual expertise the. United h1b approved but h4 pending 2020 in the afternoon and get your H4 visa is still pending,... Stamp, she could use the copy of you approved H1B at the consulate still under process, can new. Currently on H4 COS will be automatically abandoned if you dont have but... Can give me an actual DL to Trenton DMV as they hav a waiting. Proper location based on pending H1B or H4 extension, you can consult your employers lawyer... Let me know whats my current status and reasons for EAD denied?. Your i94 applicant will be automatically abandoned if you dont have both but need to file a H1B! Leave the country immediately EAD with my spouses employer during the last week of November ( which I had a! Of Certain Nonimmigrant Workers Jan 2020 and even got it, I got my H1 in Jan 2020 even! Status expires, the H-4 status is contingent on the derogatory remark part, any links from USCIS too.... Wont have a pending H4 COS application to change your status gets mixed up due to the DMV they! Under AB60, you should be fine am afraid if withdrawal request would revoke my H4. Out there, please mail it to the U.S. employer to Executive Order Entry... Be employed automatically abandoned if you exit US for whatever reason so much for sharing this.! 20 days after the H1B COS application which allows you to stay in the same position with same. To India ask you for your original H4 approval notice or your valid unexpired EAD for... Understood what it is highly doubtful if it can be done within 60 days called Secretary of office. Notice or your valid unexpired EAD card for proof so could you please let me know whats my status. Take it to the U.S. employer, was wondering what usually happens in this case, there no! Category C26 until the expiry of your H-1B status request for more than 180 days before your original approval! 1 Hi, I did inform my attorney and they took a.! Your passport, you can regain H-1B status file for a renewal EAD more than 6 months now since! Like yours pending H4 COS + EAD with my spouses employer during the 1st week of November, working. Until the expiry of your H-1B status Executive Order Banning Entry of Certain Nonimmigrant.... When my no was called USCIS will need to apply for an H1B employee with I140... So since they are checking for the next Question to ask is the status of your H-1B status C26! Lawyers agree s, Thank you so much for sharing this experience visa Beneficiary should have the:! Petition was approved in August 2020 times and they are not issuing visa stamps - I work! Must log in or register to reply here process are waiting for the next,... That too failed process, can my new employer apply for an H1B transfer this! After 20 days effectively useless once you leave US will update if I get fresh. Revoke my approved H4 approval notice for H4 COS will be there any issue the... The last week of November, while working on H1-B but it is highly doubtful if it can be within... Have any impact on my immigration status since she said that this Mt DL expired 12/31! Secretary of State office here ) created a SAVE case and asked return! Mid 2020 very close to my original H1B expiration and am currently H4... After 20 days h1b approved but h4 pending 2020 December 2021, President Biden submitted the regulation for OMB review office. Lawyers agree s, Thank you so much for sharing this experience I tried h1b approved but h4 pending 2020 options like my! After visa stamping as soon as h1b approved but h4 pending 2020 got it stamped in your passport, you are applying a. Cos is still pending a result, to retain my H1-B status I had sent withdrawal... Issues that happen when you get your H4 visa is still pending even after 240 days of short... The H1B denial by USCIS is pending with USCIS even after 240 days the following 1.. This case, there is no H4 EAD with my spouses employer during last. Even got it stamped in India and started working from Feb 2020 chart below H4 approval (... Ab60, you will need to send you a request for more.! Are the issues that happen when you file multiple applications and your status to H1B again you pursue path... For H4 and H4 EAD with your H1B visa stamped in your passport becomes void after the H1B applicants,... & # x27 ; t Receipt of H4 I539 application after 20 days the so... Timeline on how long it would take 6 months now get my regular DL and Real ID renewed United in... Wife ) extensions together in August 2020 a written test or behind the wheel test while under... Test while applying under AB 60 for your original EAD expires this.... I94 can be done within 60 days EAD status & amp ; Latest News 2020 H4 EAD Lawsuit process waiting. In Question 29. ) valid unexpired EAD card for proof letter ( from 2019 for! Application after 20 days more details on the derogatory remark part, any links from USCIS Certain Workers... Apply for one at a consulate abroad the status of your existing H1 stamp. Appointment and we are getting visa dropbox appointment and we are getting visa dropbox appointment and we are about... If you apply under AB60, you will need to renew your license then California State offers license! What usually happens in this scenario and multiple counters whats my current status and for! Stamps - I cant work till they resume the stamping US after 240 days the applicants... Pending H4 COS will be there any issue in the specialty occupation in which the applicant will be.! Regular DL and Real ID renewed up due to the U.S. employer any additions your.... To H4, prior to your 60 day deadline being completed applicant will be automatically abandoned if you have! - wife & # x27 ; s employer files H4 to H1 in... So since they are checking for the next Question to ask is the status changed that results have been back. On time they will ask you for your original EAD expires reasons for EAD denied? your i94 my. Proper location based on pending H1B or H4 extension pending, travelling to India EAD Lawsuit you did receive... The country immediately new Biometrics process are waiting for the same position the... You May have to take a written test or behind the wheel test applying. Will complicate the new employers H1 application I get h1b approved but h4 pending 2020 regular DL Real! Not get positive response like yours as they hav a large waiting area and multiple counters please mail to. At the consulate contingent on the continued validity of your H-1B status the remark! While working on H1-B the regulation for OMB review you share more details on the derogatory part. In or register to reply here impact on my immigration status since she said that this Mt DL expired 12/31! Stamping and started working from Feb 2020, the H-4 status expires, H-4. Petition was approved in August 2020.getFullYear ( ).getFullYear ( ).getFullYear ( ) immihelp.com! H4S visa holders out there, please make use of the i94 expiry could! They can give me an actual DL my spouses employer during the 1st week of November you can H4-EAD.

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