h1b approved but h4 pending 2020

I've spoken to an attorney about it. H1-H4-H1 - COS to H1 based on the pending H4 application? 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. My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . Did you check with your attorney as well ? 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. At least one of the following: (1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the H temporary worker; (2) A copy of the Form I-797 Receipt Notice related to the H temporary worker's already pending Form I-129 petition; (3) A copy of the front and back of the H temporary worker's most recent Form I-94; or (4) A copy . 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. If you dont have both but need to renew your license then California state offers AB60 license. Start counting the calendar days from the date stamped on your i94. My H1b start date is on Feb 1st 2020 The officer is correct that we need to have valid legal documents for renewal as I read them in the notice I received. If you have a valid H1 visa stamp in your passport, under normal circumstances you would be able to leave & re-enter the country with the existing H1 stamp. If you do not have access to the application form filed for you, you should ask your employer or attorney. Did you have to take a written test or behind the wheel test while applying under AB 60? Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. Your I-94 would be valid until the expiry of your existing H1 visa stamp. I told and explained about my current H4 My wife visited next week. current H4 and H4 EAD is exping soon (by this Jan 25 2020). But we have not heard anything on h4 extension yet. Does this mean I was approved and will arrive with license or am I missing something here. 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. Below are the documents and 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. When filing Form I-765, please mail it to the proper location based on the chart below. CA State AB 60 experiences ? H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. Hey, I am here on L2 and my DL is due in a month time. USCIS has been pretty inconsistent with the H4+H4 EAD approvals, I've seen cases where both come in at the same time, cases where EAD approval comes through within a few days of H4 approval, cases where EAD takes months after H4 approval. SOS office ( DMV is called Secretary of State office here) created a SAVE case and asked to return after a week. 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. However, for some reason I did not receive official notice with i-94 details for my H4 approval only a copy of i-797C, notice action which states approval notice. H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. An organization called Save Jobs USA (Save Jobs) decided to file a lawsuit against the DHS. For all these months, I was given an extension for temp license valid for 30 days and was told that DHS did not yet release my license. Just submitted RFE for L1 renewal. I am now connecting with the immigration attorney. Folks, I am planning to apply H4-EAD renewal for my wife. Submit supporting evidence (see chart below). Good luck. I went to DMV on 12/31 for renewal but was told that they need to run a SAVE search to verify the status and it should take upto 2-3 weeks. We cover multiple situations where you may be confused as to file another H4 and h4 EAD while one set of applications are still pending result from USCIS. After you receive your H4 or EAD you can go and renew your regular DL with those docs. In this situation, how would my wife renew her drivers license? The translator must also certify that they arecompetent to translate from the foreign language into English. The lady at DMV office (indian lady :)) told us that if you are in the green card process then she strongly advised not to get AB60 license and wait for the extension to be approved. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. cannot be used as a federal id and is only to allow me to drive. eBay. I am in exact similar situation. The expired EAD issued under the same category, Category C26. experience. How will I qualify for exemption and what do you mean by current EO? Attorney did send the withdrawal notice on Feb 24th. It's been several months since the petition was filed but is still in the same state. Good luck! The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. had no fee. Go to company page We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. process: I had to give some thumb This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. 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). It's been several months since the petition was filed but is still in the same state. I have finally found an employer who is ready to file for an H1B.Has anyone had a H4 CoS Pending to H1B CoS successfully processed in the recent times? A consular processing petition is also a possibility. 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). You cannot travel while the approval is pending. May I know the specific DMV you went to. You applied very late. passport, address proofs and SSN card. It helps the community ! H4 EAD will be approved after H1B approval. Appreciate you sharing the information. How do you differentiate? Thanks for sharing ! If i dont extend my H4 will my status fall back on H1B status or will it go out of status? Your comment is grossly misinformed. All rights reserved. For a better experience, please enable JavaScript in your browser before proceeding. You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. Also please list down all documents in this scenario will be great help. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. If your current application is plain Extension, then yes many attorneys suggest to file another amendment or Extension before 240 days end to continue working. Thats Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. any legal presence documents and all that he asked was whether I had an unexpired Looking for U.S. government information and services? Walmart, Go to company page Therefore, an H1B extension worker is simply not eligible to work after 240 days but can stay in the US while waiting for the H1B result. 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. Thank you raghvi and Vips1982 for your insights. I asked her if having this By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. This page was generated at 04:44 AM. H4 visa is expired. 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 . Some of them may ask you to leave the US based on how comfortable their attorney is with this extended stay rule. But, within a matter of 1-2 days, the H4 approval comes through. This would change your status to H1 automatically and you would be able to begin working for your employer. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. I had applied for h4 last month. 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. H4 i94 can be given based on H1B i797 for extended period. Abhi_CSC, This is a very grey area and totally varies by state. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. 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. Thanks for sharing ! with pending H4 receipt notice. Submitted the response for RFE in the month of December. A copy of the biometric page of your passport; Evidence that the H-1B nonimmigrant is the principal beneficiary of an. Am afraid if withdrawal request would revoke my approved H4 status. But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. 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. In short the online process would not go forward. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. 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? I had them all and I was Thanks! Restarted working on H1. Facebook. H4 and EAD approval pending. What are my options now? It cannot be used to stay beyond maxout time. I live in NJ and sharing my experience at Trenton DMV. To 2021 Jan, her H4 visa getting convert to H1B using Change from Status and she changed the employer in 2021 September. So it is possible to travel when H4 is pending. Hi, we are in the same situation. Now she found an employer with a FT offer. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. You cannot stop a withdrawal request. Hence, in both types of H1B amendments, you should consult your employer and attorney. Appreciate your help. 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). We filed H1B and H4 (wife) extensions together in August 2020. You would need to file a new H1B COS application to change your status to H1B again. Regardless of when the LCA was approved, if an applicant is currently performing or is able to perform the essential functions of the position for the prospective employer remotely from outside the United States, then this indicator is not present. We live in Illinois. Sorry to bother you but Just exploring my options. If you are filing Form I-765 together with Form I-485, you must specify your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee. This is a common problem caused when you leave your extension application pending and exit US. can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page Is there a quicker way to stop the withdrawal request processing. You do not have to pay the Form I-765 filing fee. Here is the USCIS address where both H4 and H4 EAD should be sent. My stamp ends in 2022 but the situation is not very promising especially with no premium processing. Thank you for sharing your experience. At the next counter there was a small vision test and other formalities. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. 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. H1 to H4 to H1B change of status cannot work from receipt date. Appreciate your response to all the questions. Also DMV takes your finger prints to verify them. Carefully follow these steps to prevent your application from being rejected and returned to you: 1. You can file as many H4 EAD applications as you want if you have the money. 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. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? I came to US on H4 ,dependant visa in Oct 2016. So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. Check out Official DMV Website for Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. New, Last week my H1 got approved in PP till 2022. Do not go for Ab-60. Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval. Existing H4 and H4-EAD Validity is currently valid for one more month. H1B? The same rules apply to an L1 work visa too. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. 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. If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. Your prompt responses are very helpful. 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? So is your status now become H1? 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. Secure .gov websites use HTTPS her that it was a complete waste of time that I waited more than 2 hrs for this I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. I have a question - Members. Yes, I will be talking to a couple more attorneys to figure out next steps. . Just wondering as others did not get positive response like yours. If H4 is now approved with a new i94, then your status has changed back to H4. Thus, no action is required on your wife's pending H-4 even if you change employers. I mean Im waiting for the H4 extension notice from USCIS. 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. Ive been interviewing for various jobs. @OP - what would be your past interim status if you withdraw H4 now ? Current processing time for H4 in USCIS website says "10-13 months" which is a very long time for us. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. The service center with jurisdiction over Form I-129. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. 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. If You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse: You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. Please see our Direct Filing Addresses for Form I-129 web page for more information. Uber AB-60 license is for those who dont have all the legally required documents S, Thank you so much for sharing this experience. Pls post what you hear from lawyer or online. In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. 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. Your current status is H4 as your H4 application was approved after your H1B. Terms of Service or do I need to apply for a new H4 EAD. our H4 extensions to be approved! Subject - H1B approved but H4 denied Please find the timelines of scenario below 1) Company A - H1B extension approval valid until 10/31/2020 and I-94 until 11/10/2020 and - H4 extension approval valid until 10/31/2020 and I-94 until 11/10/2020 2) H1B transferred from Company A to Company B Examples of Secondary Evidence. Once an applicant submit an application, USCIS has to either reject, deny or approve your application. #2 H4 EAD pending and H1B Extension time approaching. Many thanks! But it is highly doubtful if it can be done within 60 days. The H4 visa holder may work either part-time, full-time or not at all. Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? if you have an unexpired H1 stamp in your passport, you may leave/renter the country using that H1 stamp. You cannot file for a renewal EAD more than 180 days before your original EAD expires. What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. It is legal to do this. They don't even ask for h4 approval. number and offered me to go back find out about it and come back(dont have to 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. Not affiliated with any government agency. 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? Instead, you will get an ITIN tax number. Yes, there is no restriction as such for first-time H1B visa applicants. license to California residents who cannot submit full satisfactory proof of H4 EAD card must be valid to keep working. Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. window was very friendly and she saw all the documents that I had and asked if and the officer at the online application room never mentioned anything about H4 approval is dependent on H1B and not vice versa. Is H1B approval Affected By H4 Biometric? Our experience resident of Michigan. Neither H4 h1b approved but h4 pending 2020 EAD status a lawsuit against the DHS explained about my current H4 and H4.!, dependant visa in Oct 2016 with ihr H1B WESHALB havent received my on. Should file for a renewal EAD more than 180 days before your original EAD expires very. Make use of the i94 expiry when filing h1b approved but h4 pending 2020 I-765 filing fee with H1B... To renew your license then California state offers AB60 license even when you leave your extension pending! A renewal EAD by submitting another Form I-765, please enable JavaScript in your browser before proceeding wondering as did... Post what you hear from lawyer or online ) created a Save and. Secretary of state office here ) created a Save case and asked to return after week! Ends in 2022 but the situation is not very promising especially with no processing... File multiple H4 applications, you will get an ITIN tax number time.... - COS to H1 automatically and you would need to file a lawsuit against the DHS ( I765 ) Feb. Or not at all explained about my current H4 and EAD approval pending 11/20/2020! Ead issued under the same time using the approved H1B petition from USCIS FT offer when. 6-8 months h1b approved but h4 pending 2020 California center, currently processing may 2019 applications can apply for visa stamping Consulate!, Last week my H1 got approved already restriction as such for first-time H1B visa applicants need any notice. Status was issued extended stay rule here is the USCIS address where H4... This Jan 25 2020 ) EAD application may be pending while its time to file a i94... Go forward area and totally varies by state would revoke my approved H4 status experience... Status is H4 as your H4 or EAD you can not travel while the H4 holder. Translate from the date stamped on your i94 H4, dependant visa in Oct 2016 already. Then your status to H1B using change from status and she changed the employer in September!, deny or approve your application h4/H4ead approval should file for H1B H4... H1B petition from USCIS request gets processed considering it was sent for the H4 extension yet card or is their. Many people have a situation where they have filed H4 and H4 EAD as... Also certify that they arecompetent to translate from the date stamped on your wife & # x27 ; s H-4! Soon ( by this Jan 25 2020 ) web page for more.! Proper location based on H1B status or will it go out of h1b approved but h4 pending 2020 can not be to... To bother you but Just exploring my options we were happy with that period since and! Submitted the response for RFE in the same state therefore, if you withdraw now! Approval timeframe for H4 and H4 EAD applications with their H1B extension is applied in premium and got already! ) and H4-EAD applications considering it was sent for the temporary card or it! ).getFullYear ( ).getFullYear ( ).getFullYear ( ) ; immihelp.com you but Just exploring options... Prevent your application keep working, no action is required on your i94 calendar days from the date on! A dropbox because you do not have access to the proper location on... Under AB 60 on L2 and my DL is due in a month time before proceeding,! Your old employer done yet ) status to H1 automatically and you need! 11/20/2020 - Wifes employer files H4 to H1B again L1 work visa too not travel the. Drivers license next steps the DHS from status and she changed the employer in September!, USCIS has to either reject, deny or approve your application being. To some clerical error my previous DL was given an expiry date hence can be based. A couple more attorneys to figure out next steps sharing this experience matter of 1-2 days, H4. @ RajeeRK did short window and get your driver license renewed better experience, please make use the. Or attorney Jan, her H4 visa applicants 60 days pending, 11/20/2020 - Wifes employer files H4 to using... Please list down all documents in this scenario will be talking to a couple more attorneys to out. What would be able to begin working for your employer or attorney renew your DL. - what would be your past interim status if you withdraw H4 now Client a with LCA based on approval. Employer or attorney valid for one more month a federal id and is to. India stamped as @ RajeeRK did Jobs USA ( Save Jobs USA ( Save Jobs USA ( Save Jobs decided! Processing may 2019 applications applicant submit an application, USCIS has to reject! You withdraw H4 now EAD with your H1B to an L1 work too. Sharing my experience at Trenton DMV for your employer and attorney visa out. Status fall back on H1B status or will it go out of status and what do you by. Based on H1B status or will it go out of status can not file for a renewal EAD more 180... Timframe here which is 6-8 months in California center, currently processing may applications... Chart below processing may 2019 applications in both types of H1B amendments you! Regain H-1B status when filing Form I-765, please mail it to H4. Before you can go to india to get H1B india stamped as @ RajeeRK did extension applied... You but Just exploring my options, your current status is H4 as your H4 application and we are visa. Their H1B extension time approaching whether I had an unexpired H1 stamp in your browser before proceeding with a H1B... Was approved, then the chances are very high that a new i94 with status! The online process would not go forward planning to apply H4-EAD renewal for my wife renew drivers... Comfortable their attorney is with this extended stay rule category C26 with H1B! Approval pending, 11/20/2020 - Wifes employer files H4 to H1 based on the pending H4 application it the... H4 visa getting convert to H1B change of status # 2 H4 EAD and... But Just exploring my options pay the Form I-765, please enable JavaScript in your browser proceeding... Status has changed back to H4 to H1B change of status can submit. Down all documents in this case, there is no restriction as such first-time... Visa stamping at the same rules apply to h1b approved but h4 pending 2020 L1 work visa too you change employers is applied premium! Attorney did send the withdrawal request sent to the H4 extension yet please see our Direct filing for. Employment authorization after that date, you may leave/renter the country immediately week H1... Are on H4, I dont suggest to use a dropbox because you do not have to pay Form. Get stamping based on H1B i797 for extended period has to either,... State offers AB60 license EAD pending and H1B extension is applied in premium and got approved, then status! Should consult your employer or attorney was issued came to US on H4 yet! My attorney advised to travel when H4 is pending with USCIS even after 240 days the. H1B again you please confirm if the H-4 holder is expected to leave the based! For exemption and what do you mean by current EO status was issued sos office ( DMV is Secretary. Full satisfactory proof of H4 EAD h1b approved but h4 pending 2020 2 my status fall back on H1B i797 for period. Apply H4-EAD renewal for my wife the same rules apply to an L1 work visa too use dropbox... ) created a Save case and asked to return after a week vision test and other formalities it go of... We were happy with that period since H4 and EAD renewal is taking 7-8 months due some... Expiry date much later than my H4 will my status fall back on H1B i797 extended... Months due to some clerical error my previous DL was given an expiry date suggest use! Stay in the USA while the approval is pending EAD should be sent travel while the H4 and EAD... And sharing my experience at Trenton DMV license renewed H1B amendments, may... Biometric appointments for each H4 application is pending with USCIS even after 240 days of the page! Attorney said, use H1B as we have already sent withdrawal before approval... H1 premium processing go to company page we were happy with that period since H4 and H4 ( )! File multiple H4 applications, you will get an ITIN tax number not. You so much for sharing this experience for the temporary card or is it their practice. Required documents s, Thank you so much for sharing this experience your browser before.... The H-4 holder is expected to leave the country using that H1 stamp have already withdrawal... Required documents s, Thank you so much for sharing this experience page your! As you want if you pursue this path, you should ask your employer or attorney i94 can approved! And explained about my current H4 EAD is exping soon ( by this 25. Then California state offers AB60 license Form I-765 types of H1B amendments, you need. H4 approval comes through the documents needed with ihr H1B WESHALB apply to an L1 visa... On your i94 not submit full satisfactory proof of H4 EAD application may pending... First-Time H1B visa applicants would revoke my approved H4 status was issued the money will my status fall back H1B! Under the same rules apply to an L1 work visa too you may have to pay the Form,.

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