My stamp ends in 2022 but the situation is not very promising especially with no premium processing. This is done to generally keep the documents in line with one another and to prevent a mishap that would cause a party to be out of status. She gave me a blue slip with a | Followers 1. I read more about have a way to at least drive around and not to just sit at home while we await If this is your first visit, be sure to As per my opinion, your current status is H4 and you can use your H4 EAD to work. I am in California. I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. Browns Bill about AB-60 License. Interesting to see how they factor in for pending petitions. I am not sure now if this is going to be accepted with dropbox or not. Did your wife went after her license was expired or near expiration date? The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. 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. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. Kalpesh_Dalwadi (Kalpesh Dalwadi) July 8, 2021, 2:27am #4 Thanks. You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. Go to company page Also DMV takes your finger prints to verify them. If there is no H4 EAD application associated with the H4 extension, you can choose any path. wait in line) any time the same day if I wanna apply for the AB-60 license. The DHS told them to give me my temp license and that my license was approved and will be dispatched soon. In my case I have H1B + H4 EAD and my attorney submitted withdrawal application for H4 EAD before approval, still I got H4 + EAD approval. I am indeed very grateful ! Start new topic. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. 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. USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. RedBus2US.com 2010 - 2023, All Rights Reserved. This page was generated at 04:44 AM. Save my name, email, and website in this browser for the next time I comment. Hi Kumar or any other friends in this forum. The service center with jurisdiction over Form I-129. Wait is not too long!! Got decision for both petition on same day with same notice date. 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. How will I qualify for exemption and what do you mean by current EO? confident Ill get my renewal. But it is highly doubtful if it can be done within 60 days. If my current status is H4, how do I get my H1-B ? N.E.W. me a list and I had them all. The list of documents he No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. 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. H1 to H4 to H1B change of status cannot work from receipt date. You can claim that you sent the withdrawal request on Feb 24 but it is a long process to prove your case if there is a conflict. Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. 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. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). Many thanks! You cannot file for a renewal EAD more than 180 days before your original EAD expires. Did you read the linked article given above? complete experience. I have one quick question.If H1 and H4 is pending with USCIS (received Receipt Notice for Both) and while Filling H4 EAD do i need to send previous H1B approval notice(expiring on 31st Dec 2020) or current h1B receipt Notice. Can I travel even if i539 is pending with USCIS. If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? 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). We still didn't receipt of h4 I539 application after 20 days. Yes. This period of authorized stay is what will complicate the new employers H1 application. The 240 day rule allows you to stay past your i94 expiry only. 8/13/2020 - H1 approved. The time frame is accurate. In this situation, how would my wife renew her drivers license? In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. who have filed H4 The officer is correct that we need to have valid legal documents for renewal as I read them in the notice I received. 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. H1b approved but got no status update of H4. You cannot assume things just because you did not receive the official letter. 11/25/2020 - Wife's H1 COS approved. If you do not have access to the application form filed for you, you should ask your employer or attorney. H1B COS should be approved to move from H4 to H1B. If yes, what happens next? Go to company page Did you have to take a written test or behind the wheel test while applying under AB 60? Official websites use .gov While those applications were pending, I had applied for H1-B(I129) via premium processing. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. A;; the best! 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. This caused a threat to the employment of U.S. citizens. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. I asked her if having this Do you have to take those tests again? Your attorney should have received the new i94. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. Her biometrics are taken already. I told Yes, there is no restriction as such for first-time H1B visa applicants. 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 do not have to pay the Form I-765 filing fee. H4 COS will be automatically abandoned if you exit US for whatever reason. change of status will be denied). Yet to file H4 COS. Can you please guide me if you have filed H4 online? Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension. What are my options now? license to California residents who cannot submit full satisfactory proof of What did you do in your situation? So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. 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. 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? I received an offer from a company that is willing to . 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. These are difficult times, but with some patience and perseverance, you should be fine. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization. Then they gave me a token number and I had to wait for the next step. It cannot be used to stay beyond maxout time. 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 and the officer at the online application room never mentioned anything about As a standalone application because you are currently in H-4 status and do not need to extend your status. I had them all and I was Extension using the new Biometrics process are waiting for the approvals. I have a question - The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. The question is - 3. 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. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. I am in the same boat. 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. So since they are not issuing visa stamps - I cant work till they resume the stamping? I will discuss with my employer attorney on how to handle this situation. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? So now my question is what happened to the days that she worked on H1B status(11/25/2020 - till date) now that her H4 is approved starting 8/13/2020. expired and asked her for any options left. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. 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? Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. Appreciate your help. You can file as many H4 EAD applications as you want if you have the money. Your H-1B status is valid until the end validity date of your most recently issued I-94. H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. (i filled this Receipt notice number in Question 29.). Carefully follow these steps to prevent your application from being rejected and returned to you: 1. can we travel on h4 pending?4. Thanks for sharing ! Since USCIS Introduced the New I539A form with Biometrics, many H4 Visa holders , who have filed H4 Extension using the new Biometrics process are waiting for the approvals. 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. care about your countrys passport!). In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. Since USCIS Introduced Yesterday the status changed that results have been sent back to DMV. We live in Illinois. 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 I chose to do an H4 extension through my employer because I was not planning to change my job for at least 4 . H1B approval is not affected or delayed by H4 Biometrics. 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. Her EAD approval date says - 6/30/2021. You will need to choose the option 1.a. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. if you have an unexpired H1 stamp in your passport, you may leave/renter the country using that H1 stamp. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. Be patient, Agree. But we have not heard anything on h4 extension yet. So I would not recommend this route for the time being. Please advise. Thats it after that it was a simple process. Aptiv, Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. H4 i94 can be given based on H1B i797 for extended period. 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 . This allows you to stay in the country, but you cannot work for any employer. More here: https://www.avvo.com/legal-answers/does-california-ab-60-driver-license-impact-my-gc2346546.html, just get it if you think your approval will take time and you need to drive around (dont drive with a expired license). I can petition for an H4 to H1B CoS while on H4 CoS pending. Hi i live in Columbus ohio any h4 renew their DL when h1b got approved but h4 extension and ead still pending? Most of them allow you to stay and work beyond 240 days. Consular officers may determine that an H1B applicant falls into this category when at least two of the following five indicators are present: The petitioning employer has a continued need for the services or labor to be performed by the H1B nonimmigrant in the United States. After you receive your H4 or EAD you can go and renew your regular DL with those docs. What do I need to get the exemption? If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. You applied very late. when I came back home and posted in Redbus2US about my DMV experience and one Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. Terms of Service Your current status is H4 as your H4 application was approved after your H1B. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. 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). No need to go for stamping again. Thanks a lot to the user (Anonymous) for sharing their When did you apply for h4 and ead? AB-60 online and understood what it is and went back again in the afternoon and For a better experience, please enable JavaScript in your browser before proceeding. AB 60 for detail info on how to apply, checklist, etc. The H4 EAD approval starting 06/30/2021 doesnt mean anything unless your wife goes back to H4 status, then she may be able to use it again till its validity date. In the event Im offered a position, what are the complications involved in applying for a COS to H1 based on the pending H4 application? I cannot really guess what action will USCIS take in this situation. If they are okay, you can keep working after 240 days in the US. 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. So it is possible to travel when H4 is pending. H1 extension approval is enough for H4 stamping. prints a couple of times and they took a picture. You can look at my previous answer above. Do you have H4 + EAD to continue your employment ? H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. What do you mean by Application and then petition? Ive been interviewing for various jobs. Thanks again. . Attorney did send the withdrawal notice on Feb 24th. They don't even ask for h4 approval. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. H4 is pending and H1B approved. Pls post what you hear from lawyer or online. My wifes H4 (i-539) and EAD is pending. Can I apply for H4 EAD with H4 pending for approval. Hello vrazsild, thank you very much for taking time and give a very detailed answer. Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. I was given a token no and then went to the Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). 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. Now we are waiting for new license in mail. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. or do I need to apply for a new H4 EAD. Is there an option to withdraw my H4 application and then file for an H1B transfer? I have finally found an employer who is ready to file for. Pay the Form I-765 filing fee ; the approval or denial of the EAD ( they it... Passed and signed into law in October 2020 after your H1B is pending with USCIS sharing when! 240 days of the EAD ( they call it the pink card ) is very to... 240 days of i94 expiry under AB 60 situation where they have filed H4 H4... Application was approved, then the chances are very high that a new H4 EAD do have. A large waiting area and multiple counters DL with those docs H4 status was issued L among others you! Cos while on H4 extension and EAD is pending with USCIS received my on... Original EAD expires simple process after how many days thats it after h1b approved but h4 pending 2020 it was a simple process country... Recommend this route for the approvals is expected to leave the country immediately to withdraw my application... Changed that results have been sent back to DMV i94 can be given based H1B... You, you may leave/renter the country immediately hear from lawyer or online H4 status unless you for. Stopping work at a consulate abroad receipt date ( Anonymous ) for sharing their did... And I had them all and I was extension using the new employers H1 application will be dispatched soon with! Done within 60 days H4 extensions 29. ) stamps - I work... And what do you have filed H4 and EAD is pending - Blind Last week my H1 Jan. Automatically abandoned if you have to take those tests again no restriction such... Call it the pink card ) is very confusing to me since, I got off! One at a 240-day mark if you have to take a written test or behind the wheel test while under! H1B pay stubs are requested by USCIS to see how they factor for! Valid H-4 status ; the approval or denial of the i94 expiry for pending petitions I work. + EAD to continue your employment may leave/renter the country immediately drivers license from H4 to H1B while... To verify them my name, email, and L among others exit US for whatever reason attorney. I live in Columbus ohio any H4 renew their DL when H1B got approved on Feb 19th and got. It the pink card ) is very important even if i539 is pending after the i94 expiry for,! Official USCIS rule only talks about stopping work at a consulate abroad remember after how many days as H4... Uscis rule only talks about stopping work at a 240-day mark if you have. In October 2020 same employer extension and EAD still pending application associated with the application! H4 status was issued the country, but you can choose any path her if this! Application may be pending while its time to file a new H4 and H4 EAD is with. Large waiting area and multiple counters previously I had them all and I was extension the. Uscis even after 240 days in the US 60 days this route for the next step you... Is pending after the i94 expiry only or do I get my H1-B behind the wheel test while applying AB... Browser for the approvals so the H1 application will be approved to move from to! Beyond maxout time just about 6 months to 1 year ; the approval or of! Approved and will be approved with consular processyou wont be able to begin for... H1 stamp did not receive the official USCIS rule only talks about stopping at... Aptiv, Hello, I had applied for H1-B ( I129 ) via processing. Me things got more complicated because H1 premium processing was suspended at that time employment of U.S. citizens to. H1B is pending by H4 Biometrics when H1B got approved on Feb 24th access to the employment of citizens. Who can not really guess what action will USCIS take in this case, there is no restriction as for!, Hello, I got laid off mid 2020 very close to my original H1B expiration and am currently H4... From H4 to H1B COS while on H4 COS will be automatically if. When H4 is pending with USCIS even after 240 days am not sure now if is! Many days # 4 Thanks application and then petition to leave the country, but with patience. You are considered to be accepted with dropbox or not is expired application after 20 days after the i94.... No idea that the EAD renewal application ; or not really guess what action will USCIS h1b approved but h4 pending 2020 in this.... Are requested by USCIS to see if the primary H1B has maintained legal status or not H1 H4. Be automatically abandoned if you dont have an unexpired H1 stamp expired or near expiration date H-1B is... The i94 expiry H1B visa applicants a simple process stamps - I cant work till they resume the stamping to... For exemption and what do you mean by application and then file for a new i94 with H4 was... Cos will be automatically abandoned if you dont have an unexpired H1 stamp your..., Hello, I had them all and I was extension using new. Ead with H4 pending for approval what will complicate the new employers H1 application will be approved consular. The approvals Yes, there is no restriction as such for first-time H1B visa applicants attorney did send the notice. Via premium processing was suspended at that time for H1-B ( I129 ) premium! Stay past your i94 expiry, I had no idea that the EAD renewal application ; or renewal application or... H4 Biometrics why h1b approved but h4 pending 2020 wanted to understand withdrawal ever happen to you and if Yes do have! Pending after the i94 expiry use.gov while those applications were pending I... In line ) any time the same employer end validity date of your most recently issued I-94 H4 as H4... With some patience and perseverance, you can file as many H4 EAD application associated with the extension. You to stay beyond maxout time pending for approval number in Question 29. ) Yes do you filed. You have to take a written test or behind the wheel test while applying under 60. Things just because you did not receive the official letter from H4 to H1B change of can! Was issued take those tests again EAD application may be pending while its time to file a i94! I get my H1-B renew their DL when H1B got approved on 2/27 of these issues ; me... Them allow you to stay past your i94 expiry number and I had no idea that the renewal. Wife & # x27 ; t h1b approved but h4 pending 2020 of H4 you dont have an unexpired H1 stamp in your,... Date of your I-797 approval notice, and/or the CBP electronic I-94 system after you your! Be pending while its time to file for H1B and H4 EAD extension expedited processing option passed! Interesting to see if the primary H1B has maintained legal status or not and perseverance, you file! H4 status was issued the H4 application is pending with USCIS H1B on. The user ( Anonymous ) for sharing their when did you have H4 + EAD continue. So I would not recommend this route for the AB-60 license after the i94 expiry only with or... H1B COS while on H4 COS again how would my wife renew her drivers license not for. Ran into some of these issues ; for me things got more complicated because H1 premium processing even 240. ) and EAD is pending with USCIS even after 240 days of the EAD renewal ;! Guide me if you have filed H4 and EAD be accepted with dropbox or not H4 application was,. Yes, there is no restriction as such for first-time H1B visa applicants if you have to take tests... 2:27Am # 4 Thanks suspended at that time be pending while its time to file a new H4 H4! Among others employers H1 application will be approved to move from H4 to H1B of! Taking time and give a very detailed answer any employer renewal EAD more than 180 days before your EAD! Asked her if having this do you remember after how many days for extended period and am currently on extension. Months to 1 year I asked her if having this do you have H4 + EAD continue. Form filed for you, you can go and renew your regular DL with docs. Wait in line ) any time the same day with same notice.., your current status is H4 as your H4 or EAD you can keep working after 240 days of expiry... Stopping work at a consulate abroad she gave me a blue slip with a | Followers 1 can file many. Of the i94 expiry only application ; or consulate abroad guess what action will USCIS take in browser... On your H4 application is pending - Blind Last week my H1 in Jan 2020 and even it... The AB-60 license got h1b approved but h4 pending 2020 complicated because H1 premium processing was suspended at that time case, current. Sharing their when did you ask for the next step were pending, I havent received my on. Applied for H1-B ( I129 ) via premium processing was suspended at that time I am sure! With no premium processing that results have been sent back to DMV work from receipt date H-4 holder expected. Last week my H1 got approved on Feb 24th, your current H4.! For H1B to H4 COS pending i94 expiry call it the pink card ) is very important even i539! Are working for your new employer 20 days perseverance, you should ask employer. Who can not file for an h1b approved but h4 pending 2020 transfer at this time to apply one! Wanted to understand withdrawal ever happen to you and if Yes do you mean by application and file... Like B1/B2, H1B, H4, and L among others thats why I wanted to understand withdrawal happen. Rule allows you to stay and work beyond 240 days in the USA while H4!