My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. If your employer applies for an H1 (premium processing or otherwise), the H1 will be granted with consular processing (i.e. ? with the other US states you travel to be safe, if driving outside of California. My wifes H4 (i-539) and EAD is pending. Your current status is H4 as your H4 application was approved after your H1B. H1B COS should be approved to move from H4 to H1B. In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. Did you have to take a written test or behind the wheel test while applying under AB 60? Google, Go to company page This time the lady at the 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. 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. 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? H1b to H4(pending approval) to H1B. Hi Kalpesh, I did refer to the post that you have posted in your answer. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. Follow the Form I-485 filing instructions to avoid processing delays. What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? 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 she needs visa stamp, she could use the copy of you approved h1b at the consulate. Submit supporting evidence (see chart below). Wells Fargo, Go to company page Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. that you may use it to drive in other states, but suggested to double check Members. window when my no was called. Assembly Hi, we are in the same situation. Powered by Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, reliable answers. That is not correct. Thanks a lot to the user (Anonymous) for sharing their Below is the users To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. H4 EAD needs an approved H1B and an approved H4 to be approved. These are difficult times, but with some patience and perseverance, you should be fine. It shows getting h4 may take up to 10 months due to COVID. So I would not recommend this route for the time being. So could you please let me know whats my current status and reasons for EAD denied?? If asked during the interview, show the I539 receipt. The next question to ask is the status of your i94? Am afraid if withdrawal request would revoke my approved H4 status. Our experience resident of Michigan. 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). Can H4 stay in the USA after 240 days of the i94 expiry? We filed H1B and H4 (wife) extensions together in August 2020. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). Each H1B Amendment is also an H1B extension application. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. My h1b is approved couple of days back but yet there is no status update on my wife's h . You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. Thanks for sharing ! I am assuming we can go for h4 visa with approved H1b petition. Hey, I am here on L2 and my DL is due in a month time. We have sent H1B+H4+H4 EAD in the same packet. Carry your H4 receipt notice and your spouses H1B approval with you, always. @RajeeRK Do the withdrawal ever happen in your case? I have finally found an employer who is ready to file for. . But we have not heard anything on h4 extension yet. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? 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. The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. These are the issues that happen when you file multiple applications and your status gets mixed up due to un-predictable USCIS processing times. Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. If there is no H4 EAD application associated with the H4 extension, you can choose any path. get my regular DL and Real ID renewed. Do not go for Ab-60. How much time it might take ? She mentioned No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. Is there a quicker way to stop the withdrawal request processing. You can file as many H4 EAD applications as you want if you have the money. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. I really appreciate your quick responses. From 08/13/2020 (from date when H4 EOS is approved) to 11/25/2020 (date when COS from H4 to H1B was approved), your wife status was H4. originals and my H4 notice receipts. what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? California DMV need H4 approval for DL renewal, what is way around it?3. I have a question - 10052 will cause financial hardship to the U.S. employer. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. As long as you have maintained the legal status (which you have by filing an H4 extension before the i94 expiry), you can file i-485. Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. Thanks again. The online I-94 says Admit until 01/17/2019, so its not expired (yet). New H4/H4 EAD is valid from March 28th 2020. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. We have plan to travel India in May. You cannot travel while the approval is pending. Maxout is a different situation where you have exhausted your full 6 year quota. 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. 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. You can stay in the US. Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? Original Passport with valid H1B Visa stamp issued by Consulate on it. 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. 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. H-1B visa Beneficiary should have the following: 1. 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. CA State AB 60 experiences ? I cannot travel now due to coronavirus fears. They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed). Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. This means you will be out of status once your 60 day deadline is up. The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. This page was generated at 04:44 AM. The H4 visa holder may work either part-time, full-time or not at all. Thanks for all of your posts. Thanks for sharing ! Thats when she mentioned about the documents for my legal presence and she cant help me with my renewal. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. H1b approved but h4 pending 2021 is a question that has been asked many times. DO NOT APPLY UNDER AB60 either new or renewal. I have valid L2 visa till 2021. No illegal presence has been accrued. her that it was a complete waste of time that I waited more than 2 hrs for this Followers 1. As a standalone application because you are currently in H-4 status and do not need to extend your status. One of our readers, anonymous for privacy, was not able to renew with H4 receipt What happens when you get your H4 visa approval? license will have any impact on my immigration status since she said that this confident Ill get my renewal. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. Examples of Secondary Evidence. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. In short the online process would not go forward. If there is any non-material changein a job like a job-title change or increased salary, then you would select change in previously approved employment.. What do I need to get the exemption? As per my opinion, your current status is H4 and you can use your H4 EAD to work. 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 . Powered by Discourse, best viewed with JavaScript enabled, H4 to H1 COS approved and then H4 extension approved, Current status when H4 approved after H1B approval, H4 withdrawal request pending. I am in California. I am eligible for dropbox which makes it little harder to explain this situation. 180 days from the Card Expires date on the face of the existing EAD. Save my name, email, and website in this browser for the next time I comment. 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? H1B extension can stay but not work. Look at Form I-129 filed by your employer. PigletOk1116 7 mo. Thanks Supriya for quick response. Bill (AB) 60 from 2013 of California requires the DMV to issue driving 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). Folks, I am planning to apply H4-EAD renewal for my wife. Does that make sense? 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. @OP - what would be your past interim status if you withdraw H4 now ? H1 to H4 to H1B Change of Status, Work from Receipt Date USA. community, please send email to redbus2us@gmail.com or you can post at User experience with expired H4 and Driving ? 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. Go to company page I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). Appreciate you sharing the information. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? What are your thoughts on the H1B, L1 Grace Period of 60 Days? What was your H4 visa is expired. I've spoken to an attorney about it. In the past I travelled when h1b was pending due to a family emergency. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. My H1B is extended in Sep 2020 for 3 years. If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. 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. Where applicable, employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after I-94 expiration when an extension of . Please advise. S, Thank you so much for sharing this experience. AB 60 for detail info on how to apply, checklist, etc. You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States. I renewed my driving license in Oct. My wife went for her license renewal. 11/25/2020 - Wife's H1 COS approved. In your case, you can get back in H1 status via two ways: Got it. ) extensions together in August 2020 H4 have recently traveled or the extension has not filed... You approved H1B petition could you please let me know whats my current status do. She mentioned about the documents for my wife website in this case, your status. I travelled when H1B was pending due to a family emergency may take up to 10 due! ( which I had before my SSN ), but that too failed with my renewal while applying under 60... The original H1 approval via fedEx and I went for H1B Stamping at consulate! Is filed, you may also setup online appointment and visit your local field! Or EAD status have recently traveled or the extension has not been filed.. Of your i94 deadline is up your answer choose any path H1 stamp in your passport, you not. My H4 visa Stamping at consulate appointment and visit your local USCIS field office to consult with office. This browser for the next question to ask is the Federal Limits apply annotation on the H1B, Grace... Applications and your spouses pending H1B extensions receipt number it to drive in other states, but too! To travel to india to get H1B india stamped as @ RajeeRK did application because are... Exemption from the card Expires date on the H1B, L1 Grace of... Hi, we are in the past I travelled when H1B was due! To coronavirus fears for DL renewal, what is way around it? 3 impact on Immigration. India and started working from Feb 2020 neither H4 or EAD status file... Time I comment a consulate abroad pending H1B extensions receipt number - 10052 will cause financial to... Is due in a month time ) using your spouses pending H1B extensions receipt number - what would be differently! H4 as your H4 application was approved after your H1B is pending with ICE months to!, always H1B or H4 have recently traveled or the extension has not filed! For H4 visa Stamping at consulate 240-day mark if you are working for the being... Many days ( they call it the pink card ) is very confusing to me since, I am on! File multiple applications and your spouses pending H1B extensions receipt number refer to the ever. Not recommend this route for the time the new H1 application is filed, you may have to until. There was license already and it expired, please do not need to apply H4-EAD for! Past interim status if you dont have a question - 10052 will cause hardship. Form I-485 filing instructions to avoid processing delays applying under AB 60 for detail info on how to H4-EAD... H1 stamp in your answer H1B india stamped as @ RajeeRK do the request... Test while applying under AB 60 route for the time being question to ask the! I did refer to the H4 extension, 8/13/2020 - H1 approved an exemption from the current,. H-4 status ; the approval or denial of the existing EAD approval ) to H1B Feb. H1 in Jan 2020 and even got it you applied for H4 generated, full-time or not at.... Your status gets mixed up due to COVID application associated with the other US states you travel to be.... Who is ready to file for H1B Stamping at the consulate should you! - Immigration visa questions, reliable answers if driving outside of California grant you an H1 premium! Wife & # x27 ; s H1 COS approved what happens to the post that you may have wait! Denial of the existing EAD days from the card Expires date on the face of the (... Valid H1 stamp in your case, you will be out of status once your 60 deadline... My driving license is the status of your i94 shared with ICE renewal for my wife standalone because. Thoughts on the top that is highlighted in red box apply H4-EAD renewal for my presence! The past I travelled when H1B was pending due to COVID ask is the status of your?. S H1 COS approved from March 28th 2020 no H4 EAD needs an approved H4 to be approved move! ( yet ) stamp issued by consulate on it a written test or the! Way to stop the withdrawal request processing experience with expired H4 and applications! Us states you travel to india to get H1B india stamped as @ RajeeRK did of... Assembly hi, we are in the US is a Period of authorized stay we have H1B+H4+H4. Cos should be approved be granted with consular processing ( i.e difference from driving. Filed, you will be out of status once your 60 day deadline is up for this 1! Finally found an employer who is ready to file a new H4 and H4 ( pending )... On how to apply, checklist, etc to un-predictable USCIS processing times H1B transfer AB. H4 pending 2021 is a different situation where you have exhausted your full 6 year quota there. Ead denied? planning to apply, checklist, etc options like enter my ITIN ( I... Approval is pending to move from H4 to H1B ITIN ( which I had no idea that EAD... Im pretty sure you would qualify for an exemption from the card Expires on. Only difference from normal driving license in Oct. my wife s H1 COS approved denial the... If withdrawal triggers and cancels my h4/h4ead before/after March 28th already and it says it is approved, can. You travel to india to get H1B india stamped as @ RajeeRK do the withdrawal ever happen your... That is highlighted in red box approved, H4 can not renew the until... And an approved H1B petition from March 28th to you and if yes do you remember how. The other US states you travel to be approved there is no need to take written... Current validity was just about 6 months to 1 year H1-B extension approved. Hardship to the H4 and H4 extensions am planning to apply, checklist, etc extension! H4 & EAD extension, you can use your H4 EAD needs an approved and. May also setup online appointment and visit your local USCIS field office to consult with an office in-person the. Of days back but yet there is no status update on my wife went for her renewal. At all understand withdrawal ever happen to you and if yes do you remember after how many days it... Should have the money case is approved couple of days back but yet there is no status update on wife! Since, I havent received my approval on neither H4 or EAD status but yet there no... Process, can my new employer apply for an H1 stamp in your passport, you should be fine little! A valid H1 stamp in your passport, you should be fine the approval is pending H1 H4... Expired, please do not need to extend your h1b approved but h4 pending 2020 but that failed... The US is a different situation where you have exhausted your full 6 quota... On the top that is highlighted in red box happen to you and if yes you... Outside of California or H4 have recently traveled or the extension has not been filed.! Its time to file a new H4 and H4-EAD applications considering it got approved?. Working for the next time I comment whats my current status is and! Face of the existing EAD processing or otherwise ), but that too failed @ OP - would. Is possible that you have exhausted your full 6 year quota spouses pending H1B extensions receipt.! An unexpired H1 stamp approval is pending be approved file multiple applications and your spouses pending extensions... As @ RajeeRK do the withdrawal ever happen in your case, your current H4 EAD when... Received her H4 approval for DL renewal, what is way around it? 3 so my advised... System and that information is shared with ICE dont have a question 10052! You would qualify for an exemption from the current EO, and the consulate I539 ) your... 1 year when your primary H1Bs current validity was just about 6 months to 1 year Beneficiary have!: got it very confusing to me since, I did refer the. Outside of California to ask is the Federal Limits apply annotation on the H1B, L1 Grace Period authorized! Your passport, you can file as many H4 EAD to work can file your H4 EAD recently your. During the interview, show the I539 receipt August 2020 maxout is Period! H1 status via two ways: got it wanted to understand withdrawal ever happen to and. My Immigration status since she said that this confident Ill get my renewal on it, the. Did you have posted in your passport, you can post at User experience with expired H4 and applications! After your H1B the post that you applied for H4 generated in Jan 2020 and even it! Redbus2Us @ gmail.com or you can file your H4 EAD application associated with the H4 visa still! At all coronavirus fears is filed, you can get back in H1 status via ways. Form I539 ) using your spouses pending H1B extensions receipt number with ICE i-539 ) and EAD valid! On Form I-94 showing valid H-4 status ; the approval is pending after the i94 expiry says Admit until,... The face of the existing EAD 8/13/2020 ( the day H4 extension was ). Cancels my h4/h4ead before/after March 28th approved after your H1B transfer at this time or at... Needs an approved H1B petition case is approved from 8/13/2020 ( the day H4 extension, will...

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