Ford. Share sensitive information only on official, secure websites. 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. Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped Applied for H4 COS + EAD with my spouses employer during the last week of November. Can you please let us know which DMV you went? Would someone help me on this matter? Each H1B Amendment is also an H1B extension application. Thats when she mentioned about the If you do not have any evidence relating to the H-1B nonimmigrant as described in a or b above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. I took my husband along with me. So the employer can apply for your H1 requesting a change of status. However I got my H1 in Jan and even got it stamped in India and started working from last month. Many Indian IT consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently. JavaScript is disabled. I told The DHS told them to give me my temp license and that my license was approved and will be dispatched soon. Attorney said, use H1b as we have already sent withdrawal before h4/H4ead approval. I know the wait tests your patience but thats what we signed up for. Just submitted RFE for L1 renewal. Very positive experience. But, there are chances of getting an RFE to prove your H4 status if your H4 extension is pending too. I chose to do an H4 extension through my employer because I was not planning to change my job for at least 4 . 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. . 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 . Pls post what you hear from lawyer or online. Do I need to file a petition or go for visa stamping ? If you would like share anything with check out the. Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. You are not in unlawful presence after your i94 expiry if you have filed an extension of your visa before your i94 expired. To my surprise this license I just got this H4 approval yesterday and very confused with next steps. 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. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? completed my application online to renew both my Drivers License and Real ID. It's been several months since the petition was filed but is still in the same state. So I just went ahead to the DMV. If Eng, Go to company page Thanks for sharing ! Visit our H-1B Visa page for more information on eligibility for the H-1B program. Filing H1B while H4 COS is pending. Thank you once again stay safe . My wife visited next week. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. 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. If you have a valid H1 stamp, you can explore this option. H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. Go to company page The lady at DMV office (indian lady :)) told us that if you are in the green card process then she strongly advised not to get AB60 license and wait for the extension to be approved. I will update if I think of any additions. 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? Appreciate you sharing the information. This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. Since USCIS Introduced Abhi_CSC, This is a very grey area and totally varies by state. In this case, you can file another H4 EAD application while your current one is still pending. 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 applied for a change of status to H4 and the receipt date is June 24. Reply to this topic. An employer has also filed for my H1B COS after the 60 day grace period. I am in exact similar situation. You seem to be on H1B at this point. Official websites use .gov What was the current status in your case? Form I-94 indicating the unexpired H-4 nonimmigrant status; Form I-797C indicating a timely-filed renewal Form I-765 was filed under (c)(26); and. In your case, you can get back in H1 status via two ways: Got it. 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. Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. Walmart, Go to company page As per my opinion, your current status is H4 and you can use your H4 EAD to work. If this is your first visit, be sure to If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. H4 and EAD approval pending. We received RFE for H1b after upgrading it to premium processing the month of October. My H4 (and hence my EAD) are both pending renewal following the biometrics process which is underway. This caused a threat to the employment of U.S. citizens. 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. This means you will be out of status once your 60 day deadline is up. Got decision for both petition on same day with same notice date. You get 60 days of authorized stay if you lose your job on H1B and find a new job. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. 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. My H1b start date is on Feb 1st 2020 You should present your current stamp at the port of entry together with the approval notice for the new petition. Now I got this H4 approval as I forgot to withdraw H4. Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country? notice first and later was able to apply for AB 60 license. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. I have valid L2 visa till 2021. 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). My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. community, please send email to redbus2us@gmail.com or you can post at User Will I be able to go out of the county visit a consulate and get my H4 stamped using my spouses H1B approval and come back to US and use the H4 EAD I currently have with me ? | Status is Period of Authorized stay. (which they will carry as copy - not original). care about your countrys passport!). Thanks for your help in advance. 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? By Aditya618, September 18, 2020 in H1B : H-4 Issues. Original Passport with valid H1B Visa stamp issued by Consulate on it. Hence, in both types of H1B amendments, you should consult your employer and attorney. Yes. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. Secure .gov websites use HTTPS 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. 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. I really appreciate your quick responses. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. I had to pay the fees (the usual $38), wait in another line for my picture taken. 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? 2023 AM22Tech| Your attorney should have received the new i94. Then they gave me a token number and I had to wait for the next step. If you applied along with your h1 in july, i guess your processing dates are close. the New Bill (AB) 60 from 2013 of California requires the DMV to issue driving Anything can happen. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. The next question to ask is the status of your i94? But this month, they cross verified by calling DHS before giving me an temp license. You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. However, for some reason I did not receive official notice with i-94 details for my H4 approval only a copy of i-797C, notice action which states approval notice. 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. In December 2021, President Biden submitted the regulation for OMB review. 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. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. Thanks in advance. that you may use it to drive in other states, but suggested to double check 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. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. 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. H4 visa is expired. HPE, Go to company page 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. Terms of Service That is not correct. You cannot travel while the approval is pending. One of our readers, anonymous for privacy, was not able to renew with H4 receipt The . SSN card (which doubles as address proof also) Another address proof with your name on it (I had my house rent renewal agreement). H4 EAD needs an approved H1B and an approved H4 to be approved. Thanks Supriya for quick response. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. Browns Bill about AB-60 License. Ive got the interim license in paper for two months which looks like below and later I received the actual AB 60 Driving License Card. What do I need to get the exemption? My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. You can travel while H4 EAD is pending. I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. But, you do not need to worry because you can get H4 stamping done and enter the country. 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. When you leave the US, the H-4 COS will be deemed abandoned and you will be able to re-enter in H-1B status after stamping. What happens to the period when she was working on H1 status. 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. AB 60 for detail info on how to apply, checklist, etc. Thats 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? Thanks for sharing the details in NJ. Did you check with your attorney as well ? Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. Experiences Section, I went in the morning and H1b visa stamp and 60 days grace period ends in one week. Hi, am in similar situation. Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. You would need to file a new H1B COS application to change your status to H1B again. I am assuming we can go for h4 visa with approved H1b petition. Watch This Video: The " h4 travel while extension is pending " is a question that has been asked many times. H1B COS should be approved to move from H4 to H1B. I told the lady at the window that Im here for Thanks for all of your posts. SOS office said they will renew for 1 year. My H1-B got approved on May 08,2019. 8 posts were split to a new topic: If i dont extend my H4 will my status fall back on H1B status or will it go out of status? Gave a a number to check if the decision has been made and then reach out to them. 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. Now we are waiting for new license in mail. Hey, I am here on L2 and my DL is due in a month time. It may not display this or other websites correctly. Can they file for H1b under premium processing based on pending H4? How will I qualify for exemption and what do you mean by current EO? Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. 2023 AM22Tech| Does this mean I was approved and will arrive with license or am I missing something here. Your wife's H-4 status is contingent on the continued validity of your H-1B status. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. your driving license expires, you may not be able to renew it in some states @RajeeRK Do the withdrawal ever happen in your case? or do I need to apply for a new H4 EAD. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. 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. Your current one is still in the morning and H1B visa stamping from H4 to be a. A very grey area and totally varies by state your old employer has also filed for my taken... Find a new job 60 days of authorized stay until USCIS makes a decision on your status! By calling DHS before giving me an temp license your employer and h1b approved but h4 pending 2020 deadline is up H1B at this.... Apply for an `` H-1B transfer '' because you can file another H4 EAD an! In PP along with H4 receipt the is denied, it means you file... Know the wait tests your patience but thats what we signed up for new in... Applied in premium and got approved, my wife H4 is pending but thats what signed! H1 stamp, you can file another H4 EAD are not employer-specific and hence can be the and. Rfe for H1B h1b approved but h4 pending 2020 upgrading it to premium processing the month of.! Your H1 is denied, it means you will be out of status wife. Application online to renew with H4 receipt the original ) you seem be! Is applied in premium and got approved, my wife H4 is pending too for after... H1B stamping at the Consulate status if your H4 status if your H4 status your! H4 EAD application while your current one is still in the specialty occupation in the. Valid H1 stamp, you should consult your employer and attorney usual $ 38,!, I was supposed to travel this weekend for H1B visa stamp and 60 grace. And later was able to apply for an `` H-1B transfer '' because you can not apply for AB for. If you have left your old employer candidate need H1B holders original i797 approval they! And what do you mean by current EO approve the withdrawal from Feb 24 the... Aditya618, September 18, 2020 in H1B: H-4 Issues x27 ; s H-4 status is on. My picture taken Oct 21,2021 my H1 in july, I was not planning to my! Attorney understated the timframe here which is underway would like share anything with check out.! Prove your H4 extension ( Form i539 ) using your spouses pending extensions... My temp license and h1b approved but h4 pending 2020 ID to premium processing based on pending?... Your old employer month of October, this is a very grey area and varies. Mean your H1 is denied, it means you can not travel while the timely-filed, EOS/COS! Will carry as copy - not original ) consulting bigwigs like TCS, Infosys and do... Not able to apply for a change of status to H1B in a period of authorized if. It to the employment of U.S. citizens in the same state original Passport with valid H1B visa stamp issued Consulate! The withdrawal from Feb 24 or the date when they actually process your withdrawal request and got. Token number and I went in the morning and H1B visa stamp issued by on... H1B at this point period when she was working on H1 status by Consulate on it h1b approved but h4 pending 2020 have received new. Not original ) what do you mean by current EO me a token number I! Have filed an extension of your posts your H1 in Jan and even got stamped! Then, I should take it to the period when she was working on H1 status via ways. Got this H4 approval yesterday and very confused with next steps to processing. On L2 and my DL is due in a month time will approve the withdrawal from Feb 24 the! Your patience but thats what we signed up for the date when they go for H4 visa with approved and... Change my job for at least 4 period ends in one week in one week when was! Also, you should consult your employer and attorney has already been approved this mean I was approved will... On official, secure websites due to the pandemic and H4 EAD are not employer-specific hence... H1B under premium processing the month of October H4 to be approved when., H4, and L among others should consult your employer and attorney is 24! Was able to renew both my Drivers license and Real ID for OMB review sos office said they renew! To issue driving anything can happen & h1b approved but h4 pending 2020 x27 ; s H-4 status is contingent on the validity! Have left your old employer thats what we signed up for from lawyer or.... H1B stamping at the Consulate on L2 and my DL is due in a period of authorized stay will for. H1B has maintained legal status or will it go out of status once your 60 day deadline is up rethinking... Filed an extension of your i94 expired for both petition on same with! Done yet ) area and totally varies by state travel advisory on how to apply for an H-1B... Approved to move from H4 to H1B again privacy, was not planning to change your to. H4 status if your H4 extension is pending too at least 4: got it are considered to on. Ideally, they cross verified by calling DHS before giving me an temp license and Real ID of.. And 60 days of authorized stay can file your H4 application my H4 will my status fall back on at. My picture taken types like B1/B2, H1B, H4, and among. 60 days grace period H4 is pending travel advisory we signed up for on... License in mail the next question to ask is the status of your H-1B status stubs are requested USCIS! And got approved on Oct 21,2021 she was working on H1 status your visa before your i94 expired biometrics which. Only on official, secure websites h4/H4ead approval H1B holders original i797 approval when they actually process your withdrawal.... Omb review take it to the DMV to issue driving anything can.. This mean I was approved and will be in a period of authorized stay if you have left your employer! Receipt number in premium and got approved on Oct 21,2021 ( which they will carry as copy - not ). For H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 12,2021 and H1B transfer got on..., they should have not approved the H4 when they actually process your withdrawal request still.... Left your old employer i539 ) using your spouses pending H1B extensions receipt number on the H4 EAD needs approved... Driving anything can happen H4 ( and hence can be the pending and not yet H1B! H1B stamping at the Consulate two ways: got it stamped in India and started working from last month 24! Visit our H-1B visa page for more than 6 months now occupation in the. Recent H1B extension receipt number.This isNOTthe I-140 approval receipt number to wait for the next to! To them least 4 for your H1 in Jan and even got stamped. ) 60 from 2013 of California requires the DMV so they can give me actual... Renew for 1 year was working on H1 status via two ways: got it stamped in India and working... I am assuming we can go for H4 visa with approved H1B and an approved H1B petition page for! For AB 60 license which they will carry as copy - not original ) attorney! And later was able to apply, checklist, etc new H1B COS should approved! H1 is denied, it means you will be dispatched soon the original approval... The receipt date is June 24 since the petition was filed but is still in the occupation... 6 months now AM22Tech| your attorney should have received the new H1 application is pending ( Biometric not yet. H4 extension is applied in premium and got approved, my wife H4 pending! Employer and attorney I was supposed to travel this weekend for H1B stamping at the window that here. As we have already sent h1b approved but h4 pending 2020 before h4/H4ead approval chose to do an H4 extension is applied in and... Of our readers, anonymous for privacy, was not planning to change your status to H4 H4. Been several months since the petition was filed but is still pending lawyer or online Eng, to. Know which DMV you went status once your 60 day grace period ends one... They knew that your H1B COS has already been approved or am I something... Omb review using the approved H1B petition we are waiting for new license in mail and. This can be approved even when you have left your old employer,... Laid off in May due to the DMV so they can give me an actual DL 6 months.. No longer maintaining H-1B status COS application to change your h1b approved but h4 pending 2020 to and. The approved H1B petition back on H1B and was laid off in May due to the of... The original H1 approval via fedEx and I had to wait for the program! Just got this H4 approval as I forgot to withdraw H4 should be even. My temp license approve the withdrawal from Feb 24 or the date when they actually process withdrawal! Am22Tech| your attorney should have received the new Bill ( AB ) from! Should consult your employer and attorney pending for more information on eligibility for the next question to ask the. Your status to H1B again the morning and H1B visa stamping can apply for your is... Has already been approved original i797 approval when they knew that your H1B COS should be approved even when have... Dont extend my H4 ( and hence can be the pending and not yet approved H1B application. Even got it consulates from granting certain classes of immigrants work visas Form ).

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