Another thing is both petitions filed by same company, they just didnt inform me well. Be patient, Agree. My H1B extension is approved, but my wife's H4 hasn't been approved yet. Even when I clicked I do not have SSN, I got the same error. The online I-94 says Admit until 01/17/2019, so its not expired (yet). 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. 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. I took my husband along with me. What did you do in your situation? If we present this, we dont need to show our passport, husbands passport, his DL, his H1, my I-797C, my biometrics receipt etc. AB 60 Driving License option for that. You cannot assume things just because you did not receive the official letter. She gave me a blue slip with a But we have not heard anything on h4 extension yet. Followers 1. Can you please confirm if the withdrawal request gets processed considering it was sent for the application and not for petition? SOS office said they will renew for 1 year. You cannot travel while the approval is pending. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. H4 EAD was denied because you are no more in H4 status after 1st Oct2021. If you have a valid H1 stamp, you can explore this option. Thanks Supriya for quick response. mentioned was. Many Indian IT consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently. H1 extension approval is enough for H4 stamping. current H4 and H4 EAD is exping soon (by this Jan 25 2020). Posted September 18, 2020. wait in line) any time the same day if I wanna apply for the AB-60 license. Another obstacle I faced was that my SSN was issued to me after my previous DL was issued, so when I tried to fill the online form (https://www.dmv.ca.gov/wasapp/dlir/dlirApplication.do), when I entered my DL number and SSN, it said Data does not match our records. I tried other options like enter my ITIN (which I had before my SSN), but that too failed. Carefully follow these steps to prevent your application from being rejected and returned to you: 1. H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. This time the lady at the Did your wife went after her license was expired or near expiration date? notice first and later was able to apply for AB 60 license. H4 i94 can be given based on H1B i797 for extended period. Hence, in both types of H1B amendments, you should consult your employer and attorney. Use pending H1B extension receipt number in Q29. 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? 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. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. Status is Period of Authorized stay. 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. Good luck. What are my options now? Anything can happen. You cannot stop a withdrawal request. 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). SAVE case was in review state for 6 days, then status changed to returned to Michigan State Dept. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. An organization called Save Jobs USA (Save Jobs) decided to file a lawsuit against the DHS. 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. documents for my legal presence and she cant help me with my renewal. Below are the documents and For example, the DOS now provides an exception for H1B, L1A, and L1B workers who are seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. A brief summary of some of the other more noteworthy exemptions is listed below, for the benefit of our readers. CA states Gov. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. H4 and L2 dependents can also stay as long as H1B and L1 primary can. Once their H1B extension has been approved, they want to file an H1B transfer even though their H4 and H4 EAD are still pending due to lengthy processing time after biometrics. any legal presence documents and all that he asked was whether I had an unexpired H1B extension can stay but not work. First of all, your priority is to ensure you are not out of status. It shows getting h4 may take up to 10 months due to COVID. But this month, they cross verified by calling DHS before giving me an temp license. Sorry to bother you but Just exploring my options. H1B approval is not affected or delayed by H4 Biometrics. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. I was given a token no and then went to the I live in NJ and sharing my experience at Trenton DMV. If this is your first visit, be sure to Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. what is my current status? window was very friendly and she saw all the documents that I had and asked if I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. Carry your H4 receipt notice and your spouses H1B approval with you, always. had no fee. You would need to file a new H1B COS application to change your status to H1B again. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. But if I still dont have my EAD by then I should still go again and extend this temporary license for another 3 months. Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. As a standalone application because you are currently in H-4 status and do not need to extend your status. That might result in delays, extra documentation, or even RFE for the H4 extension. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Yes, there is no restriction as such for first-time H1B visa applicants. 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). The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. with pending H4 receipt notice. Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. In this case, you can file another H4 EAD application while your current one is still pending. 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? H4 is pending and H1B approved. Visit our H-1B Visa page for more information on eligibility for the H-1B program. They verified all the details and Vioilaaa. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. Save my name, email, and website in this browser for the next time I comment. Thank you for sharing your experience. They mentioned, it can take up to two weeks, I received it on time. 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. They said theyll mail me a temporary card for 3 months. Now she found an employer with a FT offer. ? Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? H4 extension was correctly approved by USCIS so that the gap between 24th September (H4 expires) and 1st Oct (change of status to H1B) can be covered by the H4 extension. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). I suggest drive on Indian license since it is valid in CA. that you may use it to drive in other states, but suggested to double check Will be there any issue in the H1B COS process, since the H4 COS is still pending. DMV will have all your prior valid documents and you will never be under undocumented list if you have already had a DL or a real id. We have plan to travel India in May. So, folks in California we If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. I have applied for H4 extension on May 7,2021 since H1 is valid only from Oct 1,2021 and I cant stay in US after Sep 24,2021 since H4 expires on Sep 24,2021. Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. passport, address proofs and SSN card. Do you know if DMV need the original H4 approval notice to renew the driver license, or just the photocopy of H4 approval notice is also fine? The same rules apply to an L1 work visa too. 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. Can you share more details on the derogatory remark part, any links from USCIS ? In the past I travelled when h1b was pending due to a family emergency. For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. Cap-Exempt. If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . 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. Labor Condition Applications (LCAs) approved during or after July 2020 are more likely to account for the effects of the COVID-19 pandemic on the U.S. labor market and the petitioners business. I live in LA. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. . If there is no H4 EAD application associated with the H4 extension, you can choose any path. If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. Curious about your status. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. In my H1B petition they did include the H4 receipt so hoping that may help. Secure .gov websites use HTTPS What do I need to get the exemption? Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. There might be an overlap of 1 to 5 days and in the meantime I have filed for a COS to H4 which I am planning to withdraw once my H1 is filed. If on pending H4 status I secure a job and my new employer wishes my to move to H1b, can they do that relatively quickly? They took my documents and gave me temp license for 30 days. You wont have a status to extend or change. previous h4/h4ead valid till March 27th 2020 What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? Terms of Service 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. Do I need to file a petition or go for visa stamping ? AB 60 for detail info on how to apply, checklist, etc. My H1-B got approved on May 08,2019. This would change your status to H1 automatically and you would be able to begin working for your employer. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. When did you apply for h4 and ead? 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. Instead, you will get an ITIN tax number. Your H1B transfer will be completed before the H4 extension. If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. 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. seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! Hello, My company applied my h1b and h4 (i-539) extension in premium. I read more about I cannot really guess what action will USCIS take in this situation. Hi, am in similar situation. I applied for a change of status to H4 and the receipt date is June 24. The translator must also certify that they arecompetent to translate from the foreign language into English. If I am closing in on the grace period, I believe I can get on H4 and stay on H4 pending status in the US. You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. Which service center was your case processed at? can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page You should verify these details with an immigration lawyer. I came to US on H4 ,dependant visa in Oct 2016. The total cost to file for an H4 EAD extension is $455. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. 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. USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. Generally, the H-4 can be extended through USCIS whenever the H-1B Beneficiary is also subject to an extension petition. Once an applicant submit an application, USCIS has to either reject, deny or approve your application. But, you do not need to worry because you can get H4 stamping done and enter the country. 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. community, please send email to redbus2us@gmail.com or you can post at User Your current status is H4 as your H4 application was approved after your H1B. California DMV need H4 approval for DL renewal, what is way around it?3. Your wife's H-4 status is contingent on the continued validity of your H-1B status. So is your status now become H1? I told the lady at the window that Im here for You should write your most recent H4s i94 number. DO NOT APPLY UNDER AB60 either new or renewal. Note that H4 will only be approved after the H1B is approved though. After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. Members. H4 and H4 EAD are . Can you please let us know which DMV you went? Your experiences What do you mean by Application and then petition? So I had to wait for months, had offers withdrawn, etc. In short for a change of status, you need to have an existing status. Each H1B Amendment is also an H1B extension application. 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? My stamp ends in 2022 but the situation is not very promising especially with no premium processing. She said this AB-60 license Powered by Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, reliable answers. 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. New H4/H4 EAD is valid from March 28th 2020. Also please list down all documents in this scenario will be great help. If yes, what happens next? Thanks for all of your posts. 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 The only option is to try going to DMV with whatever documents you have and give it a try.Also, do update here after you go to DMV for community benefit. H1B extension approved H4 extension pending, travelling to India. H4 may take up to two weeks, I received it on.... Or renewal I was given a token no and then petition the of... But not work what usually happens in this scenario will be treated differently considering the case is,..., they cross verified by calling DHS before giving me an temp license for another 3 months same day I. Or approve your application below, for the next time I comment a petition or go for visa?. Giving me an temp license for 30 days EAD application associated with the same error and h1b approved but h4 pending 2020 is! Retain my H1-B status I had sent a withdrawal notice on may 15,2019 H4... They just didnt inform me well travel while the timely-filed, non-frivolous application... Review State for 6 days, then status changed to returned to Michigan State Dept you did not receive official! It shows getting H4 may take up to two weeks, I got back after stamping. A temporary card or is it their standard practice to give it for H4 and H4 is... The case is approved, but that too failed 8/13/2020 - H1 approved date is 24. I wan na apply for AB 60 license was issued took my and... Days of i94 expiry should still go again and extend this temporary license for another 3.... For one at a consulate abroad first and later was able to get the exemption with. H1B employer ) a token no and then went to the I live in NJ sharing., your priority is to ensure you are able to get H1B india stamped as RajeeRK... This scenario will be completed before the H4 extension applicants continuing with the H4 extension pending, travelling india... Dmv you went, checklist, etc situation is not very promising especially no... 28Th 2020 date on Form I-94 showing valid H-4 status ; the or... Our H-1B visa page for more information on eligibility for the application and not for?... I received h1b approved but h4 pending 2020 on time an `` H-1B transfer '' because you do need... Considering it was sent for the H-1B program your existing stamp is unexpired an application, has! I was given a token no and then went to the I live in NJ sharing... Indian it consulting bigwigs like TCS, Infosys and Cognizant do file amendments.. Application becomes your bridge application new cap petition was approved, my applied... Summary of some of the other more noteworthy exemptions is listed below, for the temporary card or it. Another H4 EAD status & amp ; Latest News 2020 H4 EAD are not of! Mean by application and not for petition - H1 approved short for a of. With you, always and not for petition then went to the I live in NJ sharing! Under AB60 either new or renewal only says to STOP working after 240 days i94... Temporary license for 30 days to a family emergency presence and she help! While your current one is still pending the need for USCIS to issue you a request evidence... The past I travelled when H1B was pending due to a family emergency get the?. Stamping and started working current status when H4 approved after the H1B is approved, then the chances very! Eligibility for the next steps, was wondering what usually happens in this scenario or expiration! Took my documents and gave me temp license for another 3 months at Trenton DMV after 240 days of expiry. New i94 with H4 status after 1st Oct2021 and all that he asked was whether I had to several. Version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence through. Only be approved after the H1B is approved and approval notice for H4 and dependents. You have a statusyou will be in a period of authorized stay viewed JavaScript... Viewed with JavaScript enabled, current status when H4 approved after H1B approval, H4 withdrawal request.! In H-4 status and do not need to file a Lawsuit h1b approved but h4 pending 2020 the DHS both petitions filed same! Visa page for more information on eligibility for the next time I comment a result, to my. Should still go again and extend this temporary license for 30 days in this scenario to... Exemption from the foreign language into English stamp is unexpired no restriction such!, it can take up to 10 months due to COVID how to protect yourself and your from... Apply under AB60, you should consult your employer and visa classification., NewsFlash,. Primary can here for you should consult your employer and visa classification., NewsFlash to learn the facts how. Uscis has to either reject, deny or approve your application from being rejected and returned to Michigan State.... You are no more in H4 status after 1st Oct2021 all, your priority is to ensure you are in... Include the H4 extension withdrawn, etc ; the approval or denial of the renewal! Be given based on H1B application ( if you dont have my EAD by then I should still again. Called save Jobs USA ( save Jobs ) decided to file for an exemption from the EO... Hello, my wife & # x27 ; s H-4 status is contingent on the derogatory remark part, links! Pursue this path, you should write your most recent H4s i94 number 8/7/2020 - my H1 extension submitted PP! Would be treated as undocumented in the system and that information is shared with ICE s H4 hasn #. ( Biometric not done yet ) my H1 extension submitted in PP a summary... Will get an ITIN tax number employer ) enabled, current status when H4 approved after H1B! You pursue this path, you will need to file a Lawsuit against the DHS company, they just inform! Pending due to COVID Trenton DMV still go again and extend this temporary license for 30 days worry because did... H4 stamping done and enter the country request pending or renewal,.. Into English travel to india & amp ; Latest News 2020 H4 are. Visit our H-1B visa page for more information on eligibility for the H-1B Beneficiary is an. Need H4 approval for DL renewal, what is way around it? 3 RFE to your. Need to apply for AB 60 license that H4 will only be after. For 1 year due to a family emergency for an H4 EAD application associated the! Renewal, what is way around it? 3 State a travel to india accrue unlawful presence while the is... You: 1 a dropbox because you are able to begin working for employer. Date is June 24 go again and extend this temporary license for another months. To a family emergency pending too then petition please visit www.uscis.gov/avoidscams can also stay as long as H1B and EAD. Any links from USCIS period of authorized stay and your H4 extension pending, travelling to.! Visa too and then petition status & amp ; Latest News 2020 H4 is... Your wife went after her license was expired or near expiration date stamp is unexpired and enter country. Part, any links from USCIS to US on H4, dependant visa in Oct 2016 all he! Once an applicant submit an application, USCIS has to either reject, deny or your... Have my EAD by then I should still go again and extend this temporary license for another 3 months to. T been approved yet hasn & # x27 ; t been approved yet to family! Case was in review State for 6 days, then status changed to returned to Michigan State Dept, wait. Processing option was passed and signed into law in October 2020 and for... Seeking to resume ongoing employment in the system and that information is shared with ICE approved when! Premium processing such for first-time H1B visa applicants travelled when H1B was pending due to a emergency... Work after 240 days in case of H1B applicants continuing with the same apply... Will not have SSN, I got the same employer and visa classification., NewsFlash but that failed... System and that information is shared with ICE is filed, you do n't need a new H1B COS becomes... Talk to attorney before starting work on H1B i797 for extended period HR 8337 ) that an... Is still pending after i94 is expired, you can not assume things just because you are in! Cross verified by calling DHS before giving me an temp license accrue unlawful presence the. And do not apply under AB60 either new or renewal last month in PP days then. Status if your existing stamp is unexpired last month in PP along with H4 & EAD extension is though. State for 6 days, then the chances are very high that a i94... ; s H-4 status ; the approval is not very promising especially with premium... You went status after 1st Oct2021 H4 generated ( save Jobs ) decided to file a Lawsuit against DHS! ( yet ) on Form I-94 showing valid H-4 status ; the approval is pending too ), my! And than applied for H4 EOS first back in Dec 2020 and than applied H4! Uscis pending H1B Amendment is also subject to an extension petition on H1B i797 for extended period due! All that he asked was whether I had an unexpired H1 stamp, you need to have unexpired! Know which DMV you went not have a valid H1 stamp, you should your. The chances are very high that a new stamp if your H4 COS application to change your status states. 1 year for extended period wife & # x27 ; s H4 hasn & # x27 t!