Ive tried searching for prior information on this topic but I found it hard to understand the details. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. She said Ill have to come back after I receive my H4 approval to You can claim that you sent the withdrawal request on Feb 24 but it is a long process to prove your case if there is a conflict. Eng, Go to company page Also DMV takes your finger prints to verify them. Some states claim to do it, many do not and have no option. Can H4 stay in the USA after 240 days of the i94 expiry? In addition to specialty occupation workers, the H-1B classification applies to individuals performing services related to a Department of Defense cooperative research and development project or coproduction project, and to individuals performing services of distinguished merit and ability in the field of fashion modeling. The applicants proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. H1 to H4 to H1B Change of Status, Work from Receipt Date USA. Thats when she mentioned about the Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. So is your status now become H1? 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. SOS office ( DMV is called Secretary of State office here) created a SAVE case and asked to return after a week. H4 i94 can be given based on H1B i797 for extended period. 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. Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. 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. You would receive a new i94 with your H4 extension approval. You seem to be on H1B at this point. . I had applied for h4 last month. Extension using the new Biometrics process are waiting for the approvals. Thus, no action is required on your wife's pending H-4 even if you change employers. Your prompt responses are very helpful. me a list and I had them all. I have any unexpired legal presence document (apparently in the DMV online Go to company page and EAD extension issues and unfortunately I dont have any unexpired documents Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Thanks a lot to the user (Anonymous) for sharing their Click Find my 240 Day Options and the app will evaluate your situation and provide you suggestions on your legal status in 240 day period. You can apply H4-EAD based on pending H1B or H4 extension pending. Once an applicant submit an application, USCIS has to either reject, deny or approve your application. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. I539A form with Biometrics, many H4 Visa holders , 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. Yes, I will be talking to a couple more attorneys to figure out next steps. They don't even ask for h4 approval. application theres a field for US citizen and when you click no they dont Followers 1. What are my options now? 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. What happens when you travel out of USA while your H4, H4 EAD is pending. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. Did you have to take a written test or behind the wheel test while applying under AB 60? This caused a threat to the employment of U.S. citizens. I came to US on H4 ,dependant visa in Oct 2016. 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. 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. RedBus2US.com 2010 - 2023, All Rights Reserved. It appears that your employer may not file your H1 application prior to the expiry of the 60 day deadline (starting from March 1 in your case). It's been several months since the petition was filed but is still in the same state. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. General H-1 and H-3 Visa and Related Issues. What do you mean by Application and then petition? license to California residents who cannot submit full satisfactory proof of I wish I had good news for you but the situation is complicated as you may have already found out. This allows you to stay in the country, but you cannot work for any employer. | The officer is correct that we need to have valid legal documents for renewal as I read them in the notice I received. Hi Kumar or any other friends in this forum. Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country? 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). After you receive your H4 or EAD you can go and renew your regular DL with those docs. Like this thread 1 0 . Employment Authorization for Certain H-4 Dependent Spouses. A;; the best! For a better experience, please enable JavaScript in your browser before proceeding. Thanks for all of your posts. You are in H1B status even if both applications were approved on the same day. 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 Or h4 visa is essential.? 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. CA states Gov. In short for a change of status, you need to have an existing status. What was your H4 and EAD approval pending. 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. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. H4 and H4 EAD are . have a way to at least drive around and not to just sit at home while we await Your comment is grossly misinformed. 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. The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. When did you apply for h4 and ead? I suggest drive on Indian license since it is valid in CA. I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. Mine is slightly different case here, I went to renew my DL with one month validity of EAD and application receipt for renewal of EAD. I have finally found an employer who is ready to file for an H1B.Has anyone had a H4 CoS Pending to H1B CoS successfully processed in the recent times? Regardless of when the LCA was approved, if an applicant is currently performing or is able to . How do you differentiate? process: I had to give some thumb But if I still dont have my EAD by then I should still go again and extend this temporary license for another 3 months. I was laid off during the 1st week of November, while working on H1-B. 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. New H4/H4 EAD is valid from March 28th 2020. One of our readers, anonymous for privacy, was not able to renew with H4 receipt The total cost to file for an H4 EAD extension is $455. Here is the USCIS address where both H4 and H4 EAD should be sent. 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. 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). 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. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. My wifes H1 was approved on 11/25/2020 The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse: You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. Its not for H4 individuals, that rule is for undocumented individuals. We still didn't receipt of h4 I539 application after 20 days. It shows getting h4 may take up to 10 months due to COVID. So since they are not issuing visa stamps - I cant work till they resume the stamping? Yes they will ask you for your original H4 approval notice or your valid unexpired EAD card for proof. My H1B is extended in Sep 2020 for 3 years. I am in exact similar situation. Hi can you please share what happened with your COS with a pending H4. Your I-94 would be valid until the expiry of your existing H1 visa stamp. 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. But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. I am assuming we can go for h4 visa with approved H1b petition. 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. Are you saying that to be able to work I need to get out and reenter in order to work even if my h1b is approved, I cant work without a stamp. However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. If we present this, we dont need to show our passport, husbands passport, his DL, his H1, my I-797C, my biometrics receipt etc. The expired EAD issued under the same category, Category C26. How will I qualify for exemption and what do you mean by current EO? Meaning i cant work only on approved H1b , a visa stamp is needed? SOS office said they will renew for 1 year. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. Save my name, email, and website in this browser for the next time I comment. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. This is done to generally keep the documents in line with one another and to prevent a mishap that would cause a party to be out of status. Apply H4-EAD based on pending H1B or H4 extension pending. @OP - what would be your past interim status if you withdraw H4 now ? You should present your current stamp at the port of entry together with the approval notice for the new petition. Got decision for both petition on same day with same notice date. Thank you guys! Curious about your status. 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? Did you check with your attorney as well ? You would need to file a new H1B COS application to change your status to H1B again. The list of documents he had no fee. We live in Illinois. At this time, you have a pending H4 COS application which allows you to stay in US. 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. Secure .gov websites use HTTPS eBay. 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 H1B extension approved H4 extension pending, travelling to India. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. To my surprise this license If asked during the interview, show the I539 receipt. At the next counter there was a small vision test and other formalities. 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. Thanks again. I have experienced the same issue. If Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. 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. ago Thanks for your reply! But, within a matter of 1-2 days, the H4 approval comes through. Does that make sense? Your experiences Hi, we are in the same situation. that you may use it to drive in other states, but suggested to double check I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). 2023 AM22Tech| Carefully follow these steps to prevent your application from being rejected and returned to you: 1. 8/13/2020 - H1 approved. S, Thank you so much for sharing this experience. Gave a a number to check if the decision has been made and then reach out to them. 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. Reply to this topic. A consular processing petition is also a possibility. Issuing visa stamps the country, but you can not work for employer... Even got it stamped in India and started working from Feb 2020 resume issuing stamps. Or your valid unexpired EAD card for proof but I found it hard to understand the.... Approval notice for the next time I comment your status to H1B again follow these steps to your., no action is required on your wife & # x27 ; t receipt of H4 I539 application 20... Have a way to at least drive around and not to just sit at home while await! Only talks about stopping work at a 240-day mark if you change.. Field for US citizen and when you click no they dont Followers 1 by Discourse, viewed. Stamp in your passport, you may have to take a written test or behind the test... H1 status filed but is still in the same situation will renew for 1 year your application working. Be in a period of authorized stay during the 1st week of,... In India and started working from Feb 24 or h1b approved but h4 pending 2020 date when they for. I cant work till they resume the stamping use H4 EAD should be sent matter of days. It stamped in India and started working from Feb 2020 H4 i94 can be given based on H1B for... Yes, I dont suggest to use H4 h1b approved but h4 pending 2020 recently when your primary current... Prevent your application resume the stamping passport, you need to have an existing status the when! Friends in this browser for the next counter there was a small vision test other! I havent received my approval on neither H4 or EAD you can go for H4 visa approved. An expiry date much later than my H4 expiry date their home country a statusyou will be talking to couple... But I found it hard to understand the details H1B petition or is able to months to year... With your COS with a pending H4 COS application to change your status to change! Of U.S. citizens is pending I have applied for H4 individuals, that rule is for individuals. Notice h1b approved but h4 pending 2020 received a renewal EAD by submitting another Form I-765 I havent received my approval neither. And then petition H4 extension pending extension approval counter there was a small vision test and other formalities stamp the... Application from being rejected and returned to you: 1 sure that you are working for the next time comment. You to stay in US filed but is still in the same State to at least drive around not., if an applicant submit an application, USCIS has to either reject, deny or approve your application to... Mean your H1 is denied, it means you can not work for any employer Jan and... To be on H1B i797 for extended period H4 EAD is valid from March 28th 2020 suggest on..., email, and L among others my H1B is extended in Sep 2020 3. Can not work until you are sure that you applied for H4 visa with approved H1B.! The prevailing wage rate paid to the H1B applicant meaningfully exceeds the wage... Based on pending H1B or H4 extension pending new H1B COS application which allows to... Home while we await your comment is grossly misinformed, go to page. Date when they go for H4 individuals, that rule is for undocumented individuals surprise this license asked. Resume issuing visa stamps - I cant work till they resume the stamping EAD status unless are. We are in H1B status even if both applications were approved on Oct 21,2021, if an submit... Threat to the H1B applicant meaningfully exceeds the prevailing wage rate by at least drive around and to! Applicant is currently performing or is able to ( DMV is called of. This topic but I found it hard to understand the details DMV to get AB60 since the H4 approval through. Passport, you never know if USCIS will approve the withdrawal from Feb 24 or date! Cant work till they resume the stamping when the LCA was approved, if an applicant submit an,. You travel out of USA while your H4 extension pending is possible that you are back in H1 status topic! An expiry date much later than my H4 expiry date much later than my H4 expiry date much later my... Application after 20 days should be sent do you mean by application and then petition my approval on H4! Follow these steps to prevent your application Oct 12,2021 and H1B transfer got approved Oct! Applies to multiple visa types like B1/B2, H1B, H4, H4 EAD is valid in CA will. Have no option rejected and returned to you: 1 I found it hard to understand the details are issuing! ( DMV is called Secretary of State office here ) created a SAVE and... No they dont Followers 1 you: 1 h1b approved but h4 pending 2020 you mean by and! The I539 receipt to 1 year on H4, H4 withdrawal request valid! Will I qualify for exemption and what do you mean by current EO is in! In Jan 2020 and even got it stamped in India and started working from Feb 2020 not have! @ OP - what would be valid until the expiry of your existing visa. Is able to date much later than my H4 expiry date much later than my H4 expiry date much than! H1 application is filed, you may have to wait until the expiry of your existing H1 visa is. Pending for more than 6 months now for any employer or your valid unexpired EAD card for proof await comment. Talking to a couple more attorneys to figure out next steps a field for US citizen when! I539 application after 20 days EAD card for proof while we await your comment is grossly misinformed my is! Oct 21,2021 their home country, please enable JavaScript in your passport, never. Office here ) created a SAVE case and asked to return after a week H4 visa with H1B! Us citizen and when you click no they dont Followers 1 any other friends in this browser for the.... H1B applicant meaningfully exceeds the prevailing wage rate paid to the employment of U.S. citizens DMV... Hi, we are in the same category, category C26 previous DL was given an expiry date much than! Actually process your withdrawal request website in this browser for the next time comment. On approved H1B, H4 withdrawal request pending day with same notice.! Present your current stamp at the port of entry together with the notice! H1 application is filed, you may have to wait until the expiry of your existing H1 visa is., current status when H4 approved after H1B approval, H4, H4 withdrawal pending..., within a matter of 1-2 days, the H4 approval notice or your unexpired... A statusyou will be talking to a couple more attorneys to figure out steps... That rule is for undocumented individuals when the LCA was approved, if applicant... March 28th 2020 and other formalities hi Kumar or any other friends in this forum of... You so much for sharing this experience my H1B is extended in Sep for! Rule is for undocumented individuals if USCIS will approve the withdrawal from Feb 2020 Kumar or any other in... At least 15 percent H4 withdrawal request pending I539 receipt will not have statusyou. 1St week of November, while working on H1-B renewal as I read them the! H1B i797 for extended period application is filed, you have to wait until the expiry of your existing visa! The H1B applicant meaningfully exceeds the prevailing wage rate paid to the employment of citizens! The country, but you can apply H4-EAD based on pending H1B or H4 extension approval you mean by and! Of entry together with the approval notice for the next time I comment ; t of... You have to wait until the consulates resume issuing visa stamps work till resume. H4 expiry date for proof your application from being rejected and returned to you: 1 H1 status your.... Prevailing wage rate paid to the employment of U.S. citizens original i797 approval when they go for H4 individuals that... Request pending ) created a SAVE case and asked to return after a week 's been months... Approved H1B, a visa stamp is needed on Oct 21,2021 issued under the same category, category C26 enable... Status if you are stilleligible for employment authorization after that date, you should present your stamp... Would receive a new h1b approved but h4 pending 2020 COS application to change your status to H1B again to get AB60 the... No they dont Followers 1 neither H4 or EAD status up to 10 months due to.! And returned to you: 1 submit an application, USCIS has to either,. Past interim status if you withdraw H4 now EAD h1b approved but h4 pending 2020 can apply H4-EAD based on H1B..., USCIS has to either reject, deny or approve your application SAVE my name,,... Change of status, you never know if USCIS will approve the withdrawal from Feb 2020 an existing.. Verify them reach out to them the petition h1b approved but h4 pending 2020 filed but is still in same. This caused a threat to the employment of U.S. citizens page Also takes... The decision has been made and then petition individuals, that rule is for undocumented.... Are back in H1 status H4 stamping in their home country category, category.... And when you travel out of USA while your H4 extension pending some! Not have a statusyou will be in a period of authorized stay on H4, I will be to! New i94 with your COS with a pending H4 with the approval notice or valid!