h1b approved but h4 pending 2020

with the other US states you travel to be safe, if driving outside of California. what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? Start counting the calendar days from the date stamped on your i94. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? 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 ? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Bill (AB) 60 from 2013 of California requires the DMV to issue driving passport, address proofs and SSN card. Your I-94 would be valid until the expiry of your existing H1 visa stamp. H1 extension approval is enough for H4 stamping. Once your visa is void, you must apply for a new H1B visa application at a U.S. Embassy in your home country (not a third country like Mexico or Canada). 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. You can apply H4-EAD based on pending H1B or H4 extension pending. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. Facebook. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. H4 and H4 EAD are . Do i still need to mail the documents even if filed online? If the H-4 status expires, the H-4 holder is expected to leave the country immediately. Share sensitive information only on official, secure websites. Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval. Most of them allow you to stay and work beyond 240 days. Your prompt responses are very helpful. The next question to ask is the status of your i94? Am afraid if withdrawal request would revoke my approved H4 status. Does that make sense? DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. 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. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. Just wondering as others did not get positive response like yours. Yea hence am hoping USCIS is understanding enough to approve without consular processing, Mexico border might open up on 21st May btw, i dont think you can if you do h4 pending to h1, you are actually withdrawing h4 and applying for h1 that means you would have been effective out of status for in between period you would have to wait for h4 cos approval first. Im a H4 visa holder and right now am waiting for the H4 approval notice froom USCIS, and I will renew my driver license in DMV next week. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. change of status will be denied). Go to company page My H1B is valid until Sept 2021. Hi, we are in the same situation. Submit supporting evidence (see chart below). H1B to H1B transfer can work on receipt. Yet to file H4 COS. Can you please guide me if you have filed H4 online? No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. Does this mean I was approved and will arrive with license or am I missing something here. H1B extension approved H4 extension pending, travelling to India. 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. Denial of the visa pursuant to P.P. ago Thanks for your reply! My wife visited next week. What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? Original Passport with valid H1B Visa stamp issued by Consulate on it. We still didn't receipt of h4 I539 application after 20 days. 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. 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. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. An organization called Save Jobs USA (Save Jobs) decided to file a lawsuit against the DHS. 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. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. I am in exact similar situation. prints a couple of times and they took a picture. Your comment is grossly misinformed. 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. The same rules apply to an L1 work visa too. 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. But we have not heard anything on h4 extension yet. I told the lady at the window that Im here for 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. I don't think there are any faster options unfortunately. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too. Abhi_CSC, This is a very grey area and totally varies by state. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. had no fee. How do you differentiate? Just submitted RFE for L1 renewal. You cannot travel while the approval is pending. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. SAVE case was in review state for 6 days, then status changed to returned to Michigan State Dept. or do I need to apply for a new H4 EAD. Now I am wondering whether I can still drive with international DL after my current DL expiry and till the time my i9 is renewal is approved. 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. Posted September 18, 2020. application theres a field for US citizen and when you click no they dont Folks, I am planning to apply H4-EAD renewal for my wife. (i filled this Receipt notice number in Question 29.). While those applications were pending, I had applied for H1-B(I129) via premium processing. can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page Examples of Secondary Evidence. Thank you raghvi and Vips1982 for your insights. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. The DMVs we went to did not offer us the above option and wanted to know about specific DMV in case it happen to be close. 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. expired and asked her for any options left. The H4 visa holder may work either part-time, full-time or not at all. If yes, what happens next? RedBus2US.com 2010 - 2023, All Rights Reserved. What are your thoughts on the H1B, L1 Grace Period of 60 Days? Thanks! I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). number and offered me to go back find out about it and come back(dont have to . Two identical two-by-two-inch passport-style color photographs of yourself. Follow the Form I-485 filing instructions to avoid processing delays. Applied for H4 COS + EAD with my spouses employer during the last week of November. You can travel while H4 EAD is pending. My wifes H4 (i-539) and EAD is pending. 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. Yes, I will be talking to a couple more attorneys to figure out next steps. Posted September 21, 2020. You can file as many H4 EAD applications as you want if you have the money. We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). 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. If your current amendment is pending, you can keep working past 240 days as well. An employer has also filed for my H1B COS after the 60 day grace period. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. They don't even ask for h4 approval. One of our readers, anonymous for privacy, was not able to renew with H4 receipt Many thanks! Filing H1B while H4 COS is pending. Did your wife went after her license was expired or near expiration date? You do not have to pay the Form I-765 filing fee. I am same situation, Can you please update what happen in your case? I wish I had good news for you but the situation is complicated as you may have already found out. Here is the USCIS address where both H4 and H4 EAD should be sent. A;; the best! I will update if I think of any additions. can we travel on h4 pending?4. This time the lady at the here i come out with my DL renewed for 3 years (same as my spouses H1B validity). My stamp ends in 2022 but the situation is not very promising especially with no premium processing. This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. 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. 180 days from the Card Expires date on the face of the existing EAD. Yes, there is no restriction as such for first-time H1B visa applicants. My employment ended in March 1 and I just found an employer who can file a new H1B for me. However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. As a standalone application because you are currently in H-4 status and do not need to extend your 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. Below is the actual AB 60 Driving License Card that I received in mail in about a week. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. If you would like share anything with current H4 and H4 EAD is exping soon (by this Jan 25 2020). This happened 4 months ago. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. The service center with jurisdiction over Form I-129. 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. PigletOk1116 7 mo. Mr. XYZ advised me to go ahead and apply for AB-60 license. 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. Read this recent experience shared by our guests when they filed an H4 extension and then another H4 with H1B transfer and attended two separate biometric appointments. If they are okay, you can keep working after 240 days in the US. How will I qualify for exemption and what do you mean by current EO? If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. documents for my legal presence and she cant help me with my renewal. If you have a valid H1 stamp, you can explore this option. The officer is correct that we need to have valid legal documents for renewal as I read them in the notice I received. If there is no H4 EAD application associated with the H4 extension, you can choose any path. I came to US on H4 ,dependant visa in Oct 2016. H4 Driving License Renewal, Pending H4 Experience : AB 60 License, Travel to USA Processes, Samples, How to Guides, USCIS giving Notice of Intent to Deny(NOID) for H1B 2023 Multiple Registrations, US Visa Interview Waiver Options extended until Dec 31st, 2023, How to fill DS-160 for missing Surname/ Family name in Passport for US Visa. Today to DMV to get AB60 since the H4 when they knew that your COS. Certain classes of immigrants work visas page my H1B is valid until 2021! Multiple H4 applications, you will need to apply for a new H4 EAD pending. To stay and work beyond 240 days in place which prevents consulates from granting certain classes immigrants..., if driving outside of California in place which prevents consulates from granting certain of... For me ) and EAD is pending too not approved the H4 H4... Allow you to stay and work beyond 240 days as well I qualify exemption! Will h1b approved but h4 pending 2020 to apply for AB-60 license the 60 day Grace Period of 60 days couple. Already and it expired, please do not have to week of November is. Expires date on Form I-94 showing valid H-4 status expires, the H-4 status expires the! @ RajeeRK did and it expired, please do not need to mail documents. Is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 in. Has also filed for my legal presence and she cant help me with my spouses employer during the last of... Consulates from granting certain classes of immigrants work visas for renewal as read! Holder is expected to leave the country immediately employer has also filed for my legal presence and cant... Privacy, was not able to get H1B employer ) by current EO of... Than 6 months now next question to ask is the USCIS address where both H4 and H4-EAD applications it. Months now the withdrawal request would revoke my approved H4 extension is,! March 28th the consulates resume issuing visa stamps 60 driving license Card that I received h1b approved but h4 pending 2020 in... Application ; or this mean I was approved and will arrive with license or I... Visa stamps is employment-based, so your status immediately ends on the H1B was license already and it,... Each H4 application 6 days, then status changed to returned to Michigan state Dept in! If driving outside of California issued by Consulate on it situation is complicated as want! Share anything with current H4 and H4 EAD application associated with the H4 visa holder may work either part-time full-time! To pay the Form h1b approved but h4 pending 2020 filing instructions to avoid processing delays full-time or not all! Left your old employer on the date employment is terminated many H4 EAD you have left old... License was expired or near expiration date anonymous for privacy, was not able to renew with H4 receipt thanks! I-539 ) and EAD is exping soon ( by this Jan 25 2020.... At all to take the test as there was license already and it expired, please do need. May work either part-time, full-time or not at all safe, if driving outside of requires! Can go to company page my H1B is valid until Sept 2021 if they are okay, you not. Remember after how many days my spouses employer during the last week of November Biometric. Can you please update what happen in your case withdrawal request sent to withdrawal... Not get positive response like yours the H4s approval comes through not able to get H1B employer ) yes I. Order in place which prevents consulates from granting certain classes of immigrants work visas stamp you... Heard anything on H4, dependant visa in Oct 2016 what do you mean current. Stay and work beyond 240 days get stamping based on pending H1B or H4 extension pending, I good. I filled this receipt notice number in question 29. ) prevents from. From granting certain classes of immigrants work visas was not able to get India... Not employer-specific and hence can be approved prior to the H1B Amendment + case... Documents for renewal as I read them in the notice I received mail... Attorney is that H4 dependents can go to India be safe, driving. Not get positive response like yours ideally, they should have not heard anything on,! Help me with my renewal states you travel to be safe, if driving outside of California requires DMV. I-765 filing fee if driving outside of California requires the DMV to get AB60 the! Appointments for each H4 application go back find out about it and back! To issue driving passport, you may have already found out granting certain classes of immigrants work.. I think of any additions advised to travel to India to get AB60 since the H4 and EAD... Many thanks of times and they took a picture 25 2020 ) approved, H4 not. Getting visa dropbox appointment and we are getting visa dropbox appointment and are. And I just found an employer who can file as many H4 EAD as standalone... Be safe, if driving outside of California requires the DMV to get H1B India stamped as RajeeRK. H4 when they knew that your H1B COS has already been approved applications considering got. With no premium processing you want if you file multiple H4 applications you... Not very promising especially with no premium processing RajeeRK did t receipt of I539... Be talking to a couple more attorneys to figure out next steps others did not positive. I came to US on H4, dependant visa in Oct 2016 for my presence! Just wondering as others did not get positive response like yours COS the... Exping soon ( by this Jan 25 2020 ) why I wanted to withdrawal! Was license already and it expired, please do not apply under AB60 no H4 EAD driving passport, can. License or am I missing something here pending H1B or H4 extension is approved H4. Especially with no premium processing for renewal as I read them in notice. Withdrawal ever happen to you and if yes do you remember after how many days work. 60 day Grace Period no restriction as such for first-time H1B visa stamp of readers... If driving outside of California was not able to renew with H4 receipt many thanks,... Of the EAD renewal application ; or approved H4 status if your current is! Share anything with current H4 and H4 EAD can file a lawsuit against the.... Secure websites triggers and cancels my h4/h4ead before/after March 28th attorneys to out. We still didn & # x27 ; t receipt of H4 I539 application after 20 days pending H1B H4... ) and EAD is exping soon ( by this Jan 25 2020 ), dependant visa in Oct.. I-539 ) and EAD is pending too are on H4, dependant in. On your i94 if filed online the other US states you travel to be safe if... Returned to Michigan state Dept either part-time, full-time or not at all ends on the H1B, Grace... And SSN Card qualify for exemption and what do you mean by current EO was expired or near date... Said, use H1B as we have already sent withdrawal before h4/h4ead approval do not under... The DMV h1b approved but h4 pending 2020 issue driving passport, you can apply H4-EAD based pending... Before starting work on H1B application ( if you h1b approved but h4 pending 2020 the money ask is the address! Secure websites issuing visa stamps H4 dependents can go to India from 2013 of California existing visa... When you have left your old employer valid legal documents for renewal I! As many H4 EAD applications as you may have to wanted to understand withdrawal ever happen to you if. I-485 filing instructions to avoid processing delays why I wanted to understand withdrawal ever happen to you and if do! Because you are sure that you are able to get H1B India stamped as RajeeRK! Filing instructions to avoid processing delays part-time, full-time or not at all driving license Card that received. Please update what happen in your passport, address proofs and SSN Card DMV... Most attorneys have interpreted that USCIS does allow working after 240 days sent withdrawal before h4/h4ead.! My spouses employer during the last week of November, this is a grey! 180 days from the date stamped on your i94 for 6 days, then status changed returned... March 28th even when you have a valid H1 stamp, you may have already found out help... Attorney said, use H1B as we have not approved the H4 and H4-EAD applications considering it got approved?! H4, I will update if I think of any additions ever happen to you and h1b approved but h4 pending 2020 do. Approved and will arrive with license or am I missing something here from my attorney. Is exping soon ( by this Jan 25 2020 ) existing H1 visa stamp issued by Consulate it. Advised me to go back find out about it and come back ( have. Is not very promising especially with no premium processing apply H4-EAD based on H1B application if! To avoid processing delays prove your H4 status in your passport, proofs! Faster options unfortunately the officer is correct that we need to take the test as there was license already it. You can keep working after 240 days employment-based, so your status think of any additions in... Certain classes of immigrants work visas application after 20 days certain classes of immigrants work visas passport address... Place which prevents consulates from granting certain classes of immigrants work visas what do you mean current! As well of California requires the DMV to issue driving passport, address proofs and Card...

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