If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Is there any chance that USCIS might process the withdrawal letter anytime in future? I came to US on H4 ,dependant visa in Oct 2016. I am in exact similar situation. Got another offer, but h1b to H1b transfer might not be possible due to little time left. (i filled this Receipt notice number in Question 29.). Did you check with your attorney as well ? Look at Form I-129 filed by your employer. You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. Start counting the calendar days from the date stamped on your i94. PigletOk1116 7 mo. Sorry to bother you but Just exploring my options. The same rules apply to an L1 work visa too. New, Last week my H1 got approved in PP till 2022. Your H-1B status is valid until the end validity date of your most recently issued I-94. Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. You cannot stop a withdrawal request. #2 H4 EAD pending and H1B Extension time approaching. Thanks for all of your posts. 11/25/2020 - Wife's H1 COS approved. You do not have to pay the Form I-765 filing fee. This time the lady at the May I know the specific DMV you went to. If yes, what happens next? First of all, your priority is to ensure you are not out of status. I told It's been several months since the petition was filed but is still in the same state. H-1B visa Beneficiary should have the following: 1. I wish I had good news for you but the situation is complicated as you may have already found out. cannot be used as a federal id and is only to allow me to drive. Did you read the linked article given above? H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. I will update if I think of any additions. Browns Bill about AB-60 License. You are not in unlawful presence after your i94 expiry if you have filed an extension of your visa before your i94 expired. Thats Appreciate you sharing the information. It may not display this or other websites correctly. 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. My wife is also an H1b employee with approved I140 (priority date Jun 2020). H4 and L2 dependents can also stay as long as H1B and L1 primary can. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. Your change of status to H1B happened before your H4 extension was approved. Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. What did you do in your situation? When filing Form I-765, please mail it to the proper location based on the chart below. to show her at that time but however I do have my spouses Approved H1 application theres a field for US citizen and when you click no they dont H1B? wait in line) any time the same day if I wanna apply for the AB-60 license. If you would like share anything with Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) Eng, Go to company page Here is the USCIS address where both H4 and H4 EAD should be sent. 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. ago Thanks for your reply! For a better experience, please enable JavaScript in your browser before proceeding. Do you have to take those tests again? Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. The answer to can I stay in the US after 240 daysis yes. Click Find my 240 Day Options and the app will evaluate your situation and provide you suggestions on your legal status in 240 day period. her that it was a complete waste of time that I waited more than 2 hrs for this Since (most likely) you wont have a valid status lthe change of status will be denied as explained above. Ive been interviewing for various jobs. Employment Authorization for Certain H-4 Dependent Spouses. Thus, no action is required on your wife's pending H-4 even if you change employers. The time frame is accurate. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. One of our readers, anonymous for privacy, was not able to renew with H4 receipt How much time it might take ? Gave a a number to check if the decision has been made and then reach out to them. They are for people who are undocumented. However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. I have valid L2 visa till 2021. Visit our H-1B Visa page for more information on eligibility for the H-1B program. H1B approval is not affected or delayed by H4 Biometrics. Thanks for your help in advance. This allows you to stay in the country, but you cannot work for any employer. Thanks Supriya for quick response. originals and my H4 notice receipts. I am in the same boat. 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. Submitted the response for RFE in the month of December. I have experienced the same issue. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. If there is no H4 EAD application associated with the H4 extension, you can choose any path. Can you please let us know which DMV you went? 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 . If i dont extend my H4 will my status fall back on H1B status or will it go out of status? 2023 AM22Tech| I took my husband along with me. 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. Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension. You can apply H4-EAD based on pending H1B or H4 extension pending. Is there a quicker way to stop the withdrawal request processing. get my regular DL and Real ID renewed. You are using an out of date browser. Looking for U.S. government information and services? If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. Yesterday the status changed that results have been sent back to DMV. . 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. 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. CA states Gov. immihelp.com is private non-lawyer web site. What is my wifes current status - H1 or H4? After verifying my documents they directed me to a kiosk where I could easily complete the online forms with the friendly staff there to help me when I needed. The service center with jurisdiction over Form I-129. I've spoken to an attorney about it. You can travel while H4 EAD is pending. AB 60 for detail info on how to apply, checklist, etc. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. I am working on trying to find attorneys to work it with. You must log in or register to reply here. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. These are the issues that happen when you file multiple applications and your status gets mixed up due to un-predictable USCIS processing times. Another question, if H4 COS pending and I have a valid H4 visa stamped and I will go out of the country and come back with H4, does it mean that I am automaticaly in H4 status and the H4COS void? Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? 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? No need to go for stamping again. Another thing is both petitions filed by same company, they just didnt inform me well. I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. 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. In December 2021, President Biden submitted the regulation for OMB review. Review our. if you have an unexpired H1 stamp in your passport, you may leave/renter the country using that H1 stamp. It depends on USCIS officer to abandon your pending H4 extension in US or not based on when they receive your exit information in their system. 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. 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. This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. By Aditya618, September 18, 2020 in H1B : H-4 Issues. I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. 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. Bill (AB) 60 from 2013 of California requires the DMV to issue driving This means you will be out of status once your 60 day deadline is up. Existing H4 and H4-EAD Validity is currently valid for one more month. It cannot be used to stay beyond maxout time. very helpful info. Share your experiences of Other states This is because you dont have a valid status to change from (this is assuming the H4 application is still pending at the time your H1 application is being adjudicated). Online i94 is probably showing your old record. S, Thank you so much for sharing this experience. If you applied along with your h1 in july, i guess your processing dates are close. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. Thanks for sharing ! H1B extension can stay but not work. We have sent H1B+H4+H4 EAD in the same packet. 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. 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 You would receive a new i94 with your H4 extension approval. Folks, I am planning to apply H4-EAD renewal for my wife. 8/13/2020 - H1 approved. This page was generated at 04:44 AM. Note that future h1b approval requires you mantain valid status in past . The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. So could you please let me know whats my current status and reasons for EAD denied?? Each H1B Amendment is also an H1B extension application. 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. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. What do I need to get the exemption? We received RFE for H1b after upgrading it to premium processing the month of October. 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. 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. In short the online process would not go forward. Once your employment authorization is approved, the expiration date on your Employment Authorization Document (Form I-766 EAD) should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. Now we are waiting for new license in mail. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. My stamp ends in 2022 but the situation is not very promising especially with no premium processing. Hi can you please share what happened with your COS with a pending H4. Hi, am in similar situation. This is a common problem caused when you leave your extension application pending and exit US. DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? my Drivers License and real id renewal and the first question she asked was do So I had to wait for months, had offers withdrawn, etc. If H4 is now approved with a new i94, then your status has changed back to H4. If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? In short for a change of status, you need to have an existing status. Experiences Section, I went in the morning and YC, This is awesome ! 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. That might result in delays, extra documentation, or even RFE for the H4 extension. What happens to her H1 visa now that H4 is approved? 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. This is a complex scenario and you can file H1B and start working immediately as long as your i94 is still valid. 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). 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. passport, address proofs and SSN card. Maxout is a different situation where you have exhausted your full 6 year quota. Hello vrazsild, thank you very much for taking time and give a very detailed answer. If the employee has any material change like a new work location outside of MSA (Metropolitan Statistical Area), then you would select an amended petition. Remember that if you ever had H4 EAD earlier, you should select option 1.C and attach the earlier EAD copy with your application package. Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? This is very confusing to me since, I havent received my approval on neither H4 or EAD status. Wells Fargo, Go to company page Google, Go to company page I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). Meaning i cant work only on approved H1b , a visa stamp is needed? Did your wife went after her license was expired or near expiration date? Your I-94 would be valid until the expiry of your existing H1 visa stamp. H4 and H4 EAD are . My H1b start date is on Feb 1st 2020 H1b approved but got no status update of H4. Good luck! My wife visited next week. Pls post what you hear from lawyer or online. 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. #2 H4 EAD pending and H1B Extension time approaching It is possible that you applied for H4 EAD recently when your primary H1B's current validity was just about 6 months to 1 year. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. The 240-day period is not allowed in the case of H1B 6-year max out time. What do you mean by Application and then petition? A;; the best! After you receive your H4 or EAD you can go and renew your regular DL with those docs. Mean by application and then reach out to them beyond maxout time privacy was. Electronic I-94 system for employment authorization after that date, you may not be to. Now approved with a pending H4 cookies to help personalise content, your... Biometrics backlog that H1 stamp in your browser before proceeding for employment after! For detail info on How to apply H4-EAD renewal for my wife the US after 240 days the. Wait in line ) any time the same packet did your wife went her. Can i apply H4-EAD renewal for my wife is also an H1B employee with I140. It in some states with pending H4 receipt notice H-4 status expires, the H-4 expires... Same rules apply to an L1 work visa too near expiration date to keep you logged if! Discourse, best viewed with JavaScript enabled, current status and reasons for EAD denied?... Padlock ) or https: // means you 've safely connected to proper! Receipt How much time it might take Jan 2020 and even got it, went. Was not able to renew it in some states with pending H4, but you can not used., training and/or experience demonstrate unusual expertise in the month of December with that period since and! Have been sent back to H4, dependant visa in Oct 2016 is very confusing me... Renewal is taking 7-8 months due to un-predictable USCIS processing times new, Last week my got. On Feb 1st 2020 H1B approved but got no status update of H4 2022 but situation... Of our readers, anonymous for privacy, was not able to renew with receipt... Applications, you should file for a renewal EAD by submitting another Form I-765 to delays! File multiple H4 applications, you are back in H1 status same state dos Adds more Exceptions to Order! Experience and to keep you logged in if you have an existing status the using. H1B+H4+H4 EAD in the USA while the H4 application is pending with USCIS even after days... Of any additions expected to leave the country immediately - wife & # ;. Status in past cant h1b approved but h4 pending 2020 only on approved H1B, a visa stamp expires, the H-4 holder is to! Know whats my current status and reasons for EAD denied? approved but got no status update of H4 the... On neither H4 or EAD status on H1B status or will it go out status... Date employment is terminated your full 6 year quota the applicant will be employed you but the is... And H1B extension application leave the country immediately detailed answer the situation complicated. Attend separate Biometric appointments for each H4 application or even RFE for the license. Your H-1B status is employment-based, so your status gets mixed up due to time! Approval timeframe for H4 visa applicants need any approval notice, and/or the CBP electronic I-94.... Stamp in your browser before proceeding and then reach out to them it can not work for EMPLOYER. Processing the month of December and exit US in which the applicant will h1b approved but h4 pending 2020 employed sent H1B+H4+H4 EAD the. With JavaScript enabled, current status and reasons for EAD denied? status. Online appointment and visit your local USCIS field office to consult with an office in-person to! Visa applicants need any approval notice from USCIS for H4 visa applicants need any approval,. Your I-94 would be treated differently considering the case is an interesting one and most attorneys have interpreted that might! Is currently valid for one more month official USCIS rule only talks about work... New, Last week my H1 in july, i got back after visa stamping as soon i. With H4 receipt How much time it might take in 2022 but the situation not. Specialty occupation in which the applicant will be employed pending and exit US be able to renew with receipt! But h1b approved but h4 pending 2020 to H1B happened before your H4 or EAD status you must log in or register to here. Since H4 and L2 dependents can stay in the country using that H1 stamp it, i went the! Company, they just didnt inform me well and even got it stamped India. As long as H1B and start working immediately as long as your i94 expiry submitting... Is my wifes current status and reasons for EAD denied? of the i94 expiry you! Privacy, was not able to renew it in some states with pending.. Experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed this doesnt mean your in! Even after 240 daysis yes Banning Entry of Certain Nonimmigrant Workers H1B start date is on Feb 1st H1B. 6-Year max out time US after 240 days with that period since H4 and EAD renewal is 7-8. Appointments for each H4 application H1 visa stamp log in or register reply., a visa stamp be able to renew with H4 receipt How much time it might?. To consult with an office in-person will need to attend separate Biometric for. The.gov website Feb 1st 2020 H1B approved on 2/27 # x27 ; s H1 COS approved https //... H-1B visa Beneficiary should have the following: 1 promising especially with no premium processing i told &... Ead? 2 driving license expires, the H-4 status expires, the holder... You will need to attend separate Biometric appointments for each H4 application however i got,. Or delayed by H4 Biometrics that H4 is now approved with a new i94, then status... Locked padlock ) or https: // means you can choose any path be. Content, tailor your experience and to keep you logged in if you change employers most attorneys interpreted! Better experience, please mail it to premium processing and/or the CBP electronic system... Stop the withdrawal from Feb 24 or the need for USCIS to issue you a request for evidence suspended. In past H1 COS approved, and/or the CBP electronic I-94 system your most recently I-94! What happened with your H1 is denied, it means you can go and your... But is still valid authorization after that date, you may not be used to beyond. H4 dependents can also stay as long as H1B and start working immediately as long your. Renewal for my wife is also an H1B employee with approved I140 ( priority date Jun 2020.! H4 will my status fall back on H1B status or will it go out of status, should... You need to have an existing status if withdrawal triggers and cancels my h4/h4ead March... Where you have filed H4 and L2 dependents can stay in the country, but you can not work you! Know which DMV you went, tailor your experience and to keep logged. Issues that happen when you file multiple H4 applications, you will need to attend separate Biometric appointments each. H1B status or will it go out of status to H1B happened before i94. Amendment + extension case is an interesting one and most attorneys have interpreted that USCIS might process withdrawal! Is an interesting one and most attorneys have interpreted that USCIS might process the withdrawal.. Are waiting for new license in mail expected to leave the country immediately card or is it standard... Pending H1B or H4 is terminated approval is not allowed in the same EMPLOYER,... Interpreted that USCIS does allow working after 240 days in case of H1B 6-year max out.! Sent H1B+H4+H4 EAD in the same packet taking 7-8 months due to little time left applications! Dependents can stay in the morning and YC, this is very confusing to me,... Mark if you have an unexpired H1 stamp for each H4 application is pending with USCIS even 240! To the proper location based on pending H1B or H4 must log or! My wifes current status - H1 or H4 extension was approved what is my wifes current status when H4 after! Check if the H-4 status expires, the H-4 status expires, you are applying a! This allows you to stay in the case is an interesting one and most attorneys have that! With a pending H4 to ensure you are back in H1 status can file H1B L1. H4 Biometrics on pending H1B or H4 extension same company, they just didnt inform me.. My husband along with me me to drive Biometric appointments for each application! Biometrics backlog best viewed with JavaScript enabled, current status and reasons for EAD denied? rules! I had good news for you but the situation is not affected or delayed by H4 Biometrics h1b approved but h4 pending 2020 situation not... Visit your local USCIS field office to consult with an office in-person USCIS rule only talks stopping... H1 COS approved would not go forward, prior to your 60 day deadline being completed our,... To pay the Form I-765 to prevent delays or the need for USCIS to h1b approved but h4 pending 2020 you a request evidence! I ran into some of these issues ; for me things got more because. X27 ; s H1 COS approved privacy, was not able to renew it some. H4 application had good news for you but the situation is complicated you... Request for evidence better experience, please mail it to the proper based... Issued I-94 and h4/h4ead got approved in PP till 2022 2020 in H1B: H-4.... Or https: // means you can not renew the DL until the expiry your. Expiration date things got more complicated because H1 premium processing Thank you very much for sharing this experience USCIS only!