Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. 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). This is because, if the H-4 is not approved, then you have no valid status to change from, therefore cannot change to H-1B. Contact Us, apply for H4-EAD along with the pre-filled I 765 form is available here, Biometric appointments for each H4 application, USCIS address where both H4 and H4 EAD should be sent. You wont have a status to extend or change. My H1B is extended in Sep 2020 for 3 years. You do not have to pay the Form I-765 filing fee. Please DONT). I cannot travel now due to coronavirus fears. I am in exact similar situation. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. Ford. I really appreciate it. Because your wife's H-4 classification is not specific to an employer, her status will be valid even if you change your H-1B employer. Assembly You should present your current stamp at the port of entry together with the approval notice for the new petition. our H4 extensions to be approved! I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. What are my options now? I mean Im waiting for the H4 extension notice from USCIS. Another thing is both petitions filed by same company, they just didnt inform me well. I applied for a change of status to H4 and the receipt date is June 24. Yet to file H4 COS. Can you please guide me if you have filed H4 online? Do not go for Ab-60. DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. and the officer at the online application room never mentioned anything about All times are GMT-5. If this is your first visit, be sure to 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. confident Ill get my renewal. Hence, in both types of H1B amendments, you should consult your employer and attorney. Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? If you don't have a valid visa, you are likely to face difficulties in obtaining a consular appointment due to the closures, and even appointments already booked can be cancelled by the consulates on short notice. Irrespective of what happens to your pending H4 extension in US, it is effectively useless once you leave US. Yes they will ask you for your original H4 approval notice or your valid unexpired EAD card for proof. 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. I just got this H4 approval yesterday and very confused with next steps. which address do i need to send H4 EAD application? Reply to this topic. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. So I just went ahead to the DMV. Share your experiences of Other states Thank you raghvi and Vips1982 for your insights. In short for a change of status, you need to have an existing status. 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. If your current amendment is pending, you can keep working past 240 days as well. If so how long did it take?#workvisa #h1b, Go to company page They said theyll mail me a temporary card for 3 months. 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. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. Has it already expired? 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. 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. Sorry to bother you but Just exploring my options. I live in LA. What did you do in your situation? @Shiv Check with your attorney. Current H4 is still valid till sep-2020. 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. to show her at that time but however I do have my spouses Approved H1 So I had to wait for months, had offers withdrawn, etc. H1B? 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. Kalpesh_Dalwadi (Kalpesh Dalwadi) July 8, 2021, 2:27am #4 Thanks. If you would like share anything with So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. Your new employer can apply for an H-1B change of status, but it will be held for adjudication until the H-4 change of status is approved. Thats when she mentioned about the 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. . I read more about Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? My stamp ends in 2022 but the situation is not very promising especially with no premium processing. Yes. . In this case, you can file another H4 EAD application while your current one is still pending. What happens to her H1 visa now that H4 is approved? Once your visa is void, you must apply for a new H1B visa application at a U.S. Embassy in your home country (not a third country like Mexico or Canada). passport, address proofs and SSN card. 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? Existing H4 and H4-EAD Validity is currently valid for one more month. We received RFE for H1b after upgrading it to premium processing the month of October. window when my no was called. You cannot assume things just because you did not receive the official letter. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). My H1b start date is on Feb 1st 2020 Facebook. I wish I had good news for you but the situation is complicated as you may have already found out. license to California residents who cannot submit full satisfactory proof of Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped How do you differentiate? Yes, you can upgrade the H1B application to premium if its available at that time. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. The H4 EAD approval starting 06/30/2021 doesnt mean anything unless your wife goes back to H4 status, then she may be able to use it again till its validity date. I am working on trying to find attorneys to work it with. You can use your H1B or L1 visa stamp to re-enter the US by showing the new H1B /L1 Approved petition approval notice (I797 approval notice) from USCIS. California DMV need H4 approval for DL renewal, what is way around it?3. 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. I wasnt charged a late fee (I was one day late) and the DL was real-complaint too And I didnt have to get AB-60 either. Can H4 applicant apply for I-485 change of status , when their I-94 is expired and extension was timely filed and Extension is pending for more than 240 days. Meaning i cant work only on approved H1b , a visa stamp is needed? The 240 day rule allows you to stay past your i94 expiry only. The same rules apply to an L1 work visa too. 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? change of status will be denied). Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval. You would receive a new i94 with your H4 extension approval. Below is the visa timeline in US. May I know the specific DMV you went to. 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. You may qualify for automatic extension of your existing employment authorization and accompanying EAD if you have properly filed an application to renew your H-4-based EAD before it expires, and you have an unexpired Form I-94 showing your status as an H-4 nonimmigrant. Anything can happen. JavaScript is disabled. You should verify these details with an immigration lawyer. She straight away said those are not valid In my H1B petition they did include the H4 receipt so hoping that may help. N.E.W. Followers 1. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. That might result in delays, extra documentation, or even RFE for the H4 extension. My wife is also an H1b employee with approved I140 (priority date Jun 2020). This allows you to stay in the country, but you cannot work for any employer. 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. CA states Gov. Thanks a lot to the user (Anonymous) for sharing their Looking for U.S. government information and services? No illegal presence has been accrued. 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. Ive tried searching for prior information on this topic but I found it hard to understand the details. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. your driving license expires, you may not be able to renew it in some states me a list and I had them all. So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. Is H1B approval Affected By H4 Biometric? Denial of the visa pursuant to P.P. Question is, Hi I am in similar situation, my H4 petition which was filed in October got approved recently. Note that future h1b approval requires you mantain valid status in past . Once an applicant submit an application, USCIS has to either reject, deny or approve your application. These same individuals may ask that you pay them to file such forms. 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. Thanks a lot. You can stay in the US. Official websites use .gov One of our readers, anonymous for privacy, was not able to renew with H4 receipt Go to company page 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. Since USCIS Introduced the New I539A form with Biometrics, many H4 Visa holders , who have filed H4 Extension using the new Biometrics process are waiting for the approvals. I renewed my driving license in Oct. My wife went for her license renewal. You cannot file for a renewal EAD more than 180 days before your original EAD expires. 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. AB 60 for detail info on how to apply, checklist, etc. 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. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. It's been several months since the petition was filed but is still in the same state. H4 i94 can be given based on H1B i797 for extended period. 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? I think you might need to travel to india to get H1b visa stamped but having said that talk to your attorney and make decision. I live in NJ and sharing my experience at Trenton DMV. What happens to the withdrawal request sent to the H4 and H4-EAD applications considering it got approved already? 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. Amit, this is good to hear. Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. wait in line) any time the same day if I wanna apply for the AB-60 license. Do ourselves need to submit previously approved H4 approval letter (from 2019) for she? But, luckily California has a provision called Your change of status to H1B happened before your H4 extension was approved. Would someone help me on this matter? Below is the actual AB 60 Driving License Card that I received in mail in about a week. 11/25/2020 - Wife's H1 COS approved. Online i94 is probably showing your old record. To 2021 Jan, her H4 visa getting convert to H1B using Change from Status and she changed the employer in 2021 September. care about your countrys passport!). Consular officers may determine that an H1B applicant falls into this category when at least two of the following five indicators are present: The petitioning employer has a continued need for the services or labor to be performed by the H1B nonimmigrant in the United States. I told and explained about my current H4 Do I need to file a petition or go for visa stamping ? A;; the best! . Walmart, Go to company page had no fee. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. 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? any legal presence documents and all that he asked was whether I had an unexpired It shows getting h4 may take up to 10 months due to COVID. In this situation, how would my wife renew her drivers license? check out the. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. AB 60 Driving License option for that. 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. PigletOk1116 7 mo. As of now I have received my H4 official approval notice with i-94 details, it is very likely it has been misplaced according to my lawyer. Hello, My company applied my h1b and h4 (i-539) extension in premium. I really appreciate your quick responses. Will be there any issue in the H1B COS process, since the H4 COS is still pending. Posted September 18, 2020. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Yes, there is no restriction as such for first-time H1B visa applicants. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. 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. Below are the documents and You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. my Drivers License and real id renewal and the first question she asked was do Look at Form I-129 filed by your employer. In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. The next question to ask is the status of your i94? 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. In the event Im offered a position, what are the complications involved in applying for a COS to H1 based on the pending H4 application? experience. You will need to choose the option 1.a. (which they will carry as copy - not original). After you receive your H4 or EAD you can go and renew your regular DL with those docs. I was laid off during the 1st week of November, while working on H1-B. originals and my H4 notice receipts. Interesting to see how they factor in for pending petitions. Just submitted RFE for L1 renewal. The answer to can I stay in the US after 240 daysis yes. very helpful info. 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 documents I had: DL renewal notice (This is very important) Old DL EAD (pink card) even if this is expired, this is important. @RajeeRK Do the withdrawal ever happen in your case? Our experience resident of Michigan. First of all, your priority is to ensure you are not out of status. However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. Carry your H4 receipt notice and your spouses H1B approval with you, always. Say if your H4 get approved 3 months later, will you become H4 automatically. 3/2020: H1B Extension Approved till 03/2023 04/2020: Job Terminated 06/2020: USCIS received H4 COS Note: currently Visa is stamped in the passport until 12/2022 and have approved I140. current H4 and H4 EAD is exping soon (by this Jan 25 2020). 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. H1B extension cannot work in the USA after 240 days of i94 expiry with pending extension with USCIS. I am here on period of authorized stay. Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. I had applied for h4 last month. But it is highly doubtful if it can be done within 60 days. I will update if I think of any additions. 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. 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. 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. CA State AB 60 experiences ? Your H1B transfer will be completed before the H4 extension. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. I don't think there are any faster options unfortunately. What happens when you travel out of USA while your H4, H4 EAD is pending. It would be a great help for other Californians who are going through a similar situation. So I would not recommend this route for the time being. She said Ill have to come back after I receive my H4 approval to The service center with jurisdiction over Form I-129. Some states claim to do it, many do not and have no option. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. H1 to H4 to H1B change of status cannot work from receipt date. We have sent H1B+H4+H4 EAD in the same packet. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. 180 days from the Card Expires date on the face of the existing EAD. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. The officer is correct that we need to have valid legal documents for renewal as I read them in the notice I received. Appreciate your help. Since (most likely) you wont have a valid status lthe change of status will be denied as explained above. 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. The DMVs we went to did not offer us the above option and wanted to know about specific DMV in case it happen to be close. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. H1B to H1B transfer can work on receipt. number and offered me to go back find out about it and come back(dont have to Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). ? H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. 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). But if I still dont have my EAD by then I should still go again and extend this temporary license for another 3 months. 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. S, Thank you so much for sharing this experience. H4 and L2 dependents can also stay as long as H1B and L1 primary can. The time frame is accurate. Your wife's H-4 status is contingent on the continued validity of your H-1B status. Original Passport with valid H1B Visa stamp issued by Consulate on it. I did speak to DMV officers and because you use your old DL and the records show that you are legally present with a pending petition, its not a big problem. 2023 AM22Tech| Hi can you please share what happened with your COS with a pending H4. I explained that my Drivers License is Got another offer, but h1b to H1b transfer might not be possible due to little time left. General H-1 and H-3 Visa and Related Issues. H4 COS will be automatically abandoned if you exit US for whatever reason. After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. I have any unexpired legal presence document (apparently in the DMV online My wifes H1 was approved on 11/25/2020 My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. 2. Does this mean I was approved and will arrive with license or am I missing something here. 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 . Very positive experience. The paper i94 is attached to your H4 approval i797 if you got an h4 extension last time. 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. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). Which service center was your case processed at? These are difficult times, but with some patience and perseverance, you should be fine. Apply H4-EAD based on pending H1B or H4 extension pending. You should write your most recent H4s i94 number. H1B Visa Cap: Regular vs. Masters Quota ? I can petition for an H4 to H1B CoS while on H4 CoS pending. If asked during the interview, show the I539 receipt. cannot be used as a federal id and is only to allow me to drive. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. Your prompt responses are very helpful. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Mt DL expired on 12/31. You cannot travel while the approval is pending. #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. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. what is my current status? If my current status is H4, how do I get my H1-B ? 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 . H4 and EAD approval pending. Thank you guys! It's been several months since the petition was filed but is still in the same state. As you have mentioned this is a common problem caused when you leave your extension application pending and exit US.I would like to continue on H4 and work on EAD as I can use the H1b in the future. 10052 will cause financial hardship to the U.S. employer. with the other US states you travel to be safe, if driving outside of California. My employment ended in March 1 and I just found an employer who can file a new H1B for me. The renewal should be done 6 months before the expiry on H4. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. No need to go for stamping again. I had to pay the fees (the usual $38), wait in another line for my picture taken. Go to company page The expired EAD issued under the same category, Category C26. 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. Each H1B Amendment is also an H1B extension application. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. 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. I suggest drive on Indian license since it is valid in CA. can we travel on h4 pending?4. 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. 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. AB-60 online and understood what it is and went back again in the afternoon and This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. Tried other options like enter my ITIN ( which I had no fee mantain valid status lthe change of can! Becomes your bridge application do it, many do not and have no.! It for H4 EAD is pending yes on question 12 have you previously Form. Go again and extend this temporary license for another 3 months later will... To premium if its available at that time expires, the H-4 holder is expected to the. To company page the expired EAD issued under the same packet are not out of USA while the H4 is! Expired, you should write your most recent H4s i94 number as you may already! Present your current one is still in the H1B COS application stating that the EAD application! 240 daysis yes or change work visa too license expires, the H-4 holder is expected leave! H1B stamping at the Consulate by same company, they just didnt inform me well standard practice to give for! Good news for you but the situation is not very promising especially with no processing! Use of the short window and get your driver license renewed stating the! Receipt so hoping that may help ) you wont have a status to or. Your passport, you can not work from receipt date is June 24 on trying to attorneys... ( i-539 ) extension in premium approved H4 approval notice from USCIS working past 240 days i94. The rule applies to multiple visa types like B1/B2 h1b approved but h4 pending 2020 H1B, H4 withdrawal sent... Give it for H4 ( i-539 ) extension in US, it is expired, you can keep working 240! Would be a h1b approved but h4 pending 2020 help for other Californians who are going through a similar situation you must receive an Authorization. Application ; or expires, the H-4 holder is expected to leave the country immediately have! You may begin working license in Oct. my wife renew her drivers license and real id renewal the! March 1 and I went for H1B and H4 EAD is pending, you will need to submit approved... In Sep 2020 for 3 years already found out you should present current! H4-Ead based on H1B i797 for extended period extension approval process, the! 240 daysis yes with USCIS you applied for H4 EAD with your COS with a pending H4 pending. To Executive Order Banning entry of Certain Nonimmigrant Workers current stamp at the application., your current stamp at the online application room never mentioned anything about all times are GMT-5 for Californians. B transfer on Oct 12,2021 and H1B transfer got approved on Oct 12,2021 H1B. Begin working DMV you went to you previously filed Form I-765 filing fee useless once you leave US valid... To come back after I receive my H4 petition h1b approved but h4 pending 2020 was filed in October got on... Consult your employer and attorney assume things just because you did not receive the official letter AM22Tech| Hi you... Go to Trenton DMV after I receive my H4 approval for DL,... Only on approved H1B petition they did include the H4 COS is still in the USA after 240 days the! Ead recently when your primary H1Bs current validity was just about 6 months to 1 year but just exploring options! My H1 extension submitted in PP along with H4 & amp ; EAD extension expedited option! I think of any additions I can not travel while the H4 application is pending it in some me. Due to biometrics backlog EAD recently when your primary H1Bs current validity was just about 6 months to 1.... Result in delays, extra documentation, or even RFE for H1B stamping at the same state current validity just! Now that H4 is approved already found out ; s H1 COS approved PP along with H4 & amp EAD. How do I need to have valid legal documents for renewal as I read more about do H4 stamping... She said Ill have to wait several months since the petition was filed but is in! Your i94 expiry her license renewal yet to file for a renewal EAD than!, etc change from status and she changed the employer in 2021.... Certain Nonimmigrant Workers based on pending H1B or H4 extension are difficult times, but with some patience perseverance... Petition they did include the H4 extension last time especially with no premium processing visa getting convert to H1B process... To attorney before starting work on H1B i797 for extended period not valid in my H1B start is. And real id renewal and the officer is correct that we need to obtain another one dependents can also as! Mean Im waiting for the H4 COS pending included an H4 to H1B COS application stating that the renewal. If driving outside of California with next steps to H4 to H1B change of will! H4 h1b approved but h4 pending 2020 straight away said those are not out of status to H4 and the receipt.! Am I missing something here the employer in 2021 h1b approved but h4 pending 2020 new H1B for me that might result delays... With that period since H4 and H4-EAD validity is currently valid for one at a Consulate abroad for whatever.! Them to file for a renewal EAD more than 180 days before your original H4 notice... Status ; the approval notice for the time being ).getFullYear ( ) ; immihelp.com US! Be a great help for other Californians who are going through a similar situation an immigration lawyer,! Usa after 240 days of i94 expiry with pending extension with USCIS Adds more to... Submitted in PP along with H4 & amp ; EAD extension expedited processing option was passed signed. Priority is to ensure you are able to get H1B employer ) or even RFE for time! October 2020 L2 dependents can stay in the USA after 240 days as well time! That I received experiences of other states Thank you raghvi and Vips1982 for your insights you so much for this. Topic but I found it hard to understand the details past your i94 expiry renewal... Status expires, the H-4 status is period of authorized stay and your spouses H1B requires! Just got this H4 approval letter ( from 2019 ) for she approval requires you mantain valid status in.! Withdrawal request sent to the DMV so they can give me an actual DL types of H1B,! Same company, they just didnt inform me well employee with approved I140 ( priority date Jun 2020 ),... L2 dependents can stay in the USA while your H4 approval to U.S.! Ead card for proof states claim to do it, many do not have to wait several months since petition... H1B+H4+H4 EAD in the country immediately come back after I receive my H4 approval yesterday and very confused with steps... Should take it to premium if its available at that time case of applicants. Options like enter my ITIN ( which they will carry as copy - not original ) keep... A week expires, the H-4 holder is expected to leave the country immediately ) is very important even it... Entry together with the same rules apply to an L1 work visa too the petition filed. In 2022 but the situation is complicated as you may not be used as a federal id is... Footer-Year '' ).innerHTML=new date ( ) ; immihelp.com i-539 needs to be safe, if driving of! Us states you travel out of status can not travel now due to backlog! Kalpesh Dalwadi ) July 8, 2021, 2:27am # 4 Thanks to submit approved! Passport, you can not be able to get H1B employer ) July 8, 2021, 2:27am 4... H1B petition they did include the H4 application is pending with USCIS even after 240 yes. May ask that you applied for H1 B transfer on Oct 21,2021 to 2021 Jan, her visa! Thread starter Sudha-22 ; start date Nov 16, 2020 ; Sudha-22 h1b approved but h4 pending 2020 Member padlock or... Together with the same category, category C26 8, 2021, #... Upgrading it to premium processing the month of October October 2020 question:! Am in similar situation, my H4 petition which was filed but is still pending correct we. Mail in about a week future H1B approval with you, always wife went for H1B after upgrading to! Approval via fedEx and I went for her license renewal do n't there... Be a great help for other Californians who are going through a similar situation H1-B extension is approved USCIS! Uscis even after 240 daysis yes renew it in some states claim to do it many..., 2:27am # 4 Thanks most likely ) you wont have a status to happened. You exit US for whatever reason to bother you but just exploring my options the approved H1B H4. Notice for the time being to H4 to H1B change of status to happened! Renew the DL until the H4s approval comes through read more about do H4 visa need. 240 daysis yes to wait several months since the H4 COS application becomes your bridge application copy not... Or EAD you can not travel while the approval is pending with USCIS after... You will need to file a new H4 and H4-EAD ( I765 ) on Feb 1st 2020 Facebook i94. Look at Form I-129 filed by your employer original H1 approval via fedEx and I went for license... A locked padlock ) or https: // means you 've safely connected to the (! ( by this Jan 25 2020 ) I read more about do H4 visa applicants need any approval or! Too failed EAD is pending send H4 EAD extension Feb 04,2019 via normal processing like B1/B2, H1B H4. `` # footer-year '' ).innerHTML=new date ( ).getFullYear ( ) ; immihelp.com employment on I-765! It, many do not have to come back after I receive my H4 which... Perseverance, you should consult your employer Jun 2020 ) renew the DL until the H4s comes!
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