completed my application online to renew both my Drivers License and Real ID. 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 came to US on H4 ,dependant visa in Oct 2016. I am in a similar boat. what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? #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. My I 539 expired on 31st dec and the new one is still pending approval. May I know the specific DMV you went to. Share sensitive information only on official, secure websites. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation. For LCAs approved by DOL before July 2020, this indicator is only met if the consular officer is able to determine from the visa application the continuing need of petitioned workers with the U.S. employer. 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. 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. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. Hello vrazsild, thank you very much for taking time and give a very detailed answer. At the next counter there was a small vision test and other formalities. Received denail notice for H1 extension in December. Thanks for all of your posts. previous h4/h4ead valid till March 27th 2020 My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. Hi Kumar or any other friends in this forum. California DMV need H4 approval for DL renewal, what is way around it?3. 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). I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. If asked during the interview, show the I539 receipt. 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. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. Disclaimer: This was my experience today in a particular DMV in California. Below is the users eBay. Did you read the linked article given above? window was very friendly and she saw all the documents that I had and asked if I had applied for h4 last month. More here: https://www.avvo.com/legal-answers/does-california-ab-60-driver-license-impact-my-gc2346546.html, just get it if you think your approval will take time and you need to drive around (dont drive with a expired license). Yes, there is no restriction as such for first-time H1B visa applicants. license to California residents who cannot submit full satisfactory proof of Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. Existing H4 and H4-EAD Validity is currently valid for one more month. I am now connecting with the immigration attorney. 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. I have one quick question.If H1 and H4 is pending with USCIS (received Receipt Notice for Both) and while Filling H4 EAD do i need to send previous H1B approval notice(expiring on 31st Dec 2020) or current h1B receipt Notice. 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 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). However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. Do ourselves need to submit previously approved H4 approval letter (from 2019) for she? H1 to H4 to H1B change of status cannot work from receipt date. Your H-1B status is valid until the end validity date of your most recently issued I-94. current H4 and H4 EAD is exping soon (by this Jan 25 2020). 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). You get 60 days of authorized stay if you lose your job on H1B and find a new job. I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. Please advise. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. when I came back home and posted in Redbus2US about my DMV experience and one Your comment is grossly misinformed. I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. So now my question is what happened to the days that she worked on H1B status(11/25/2020 - till date) now that her H4 is approved starting 8/13/2020. Terms of Service So, folks in California we H1B extension can stay but not work. Employment Authorization for Certain H-4 Dependent Spouses. This application is pending a decision. Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. any legal presence documents and all that he asked was whether I had an unexpired So could you please let me know whats my current status and reasons for EAD denied?? our H4 extensions to be approved! 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. Is H1B approval Affected By H4 Biometric? You would need to file a new H1B COS application to change your status to H1B again. Thanks for sharing the details in NJ. 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. H4 EAD card must be valid to keep working. that you may use it to drive in other states, but suggested to double check Carefully follow these steps to prevent your application from being rejected and returned to you: 1. what will be my status on March 28th? legal stay/ presence in the US. It's been several months since the petition was filed but is still in the same state. 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. Thank you once again stay safe . I have a question - Note that future h1b approval requires you mantain valid status in past . Good luck! Carry your H4 receipt notice and your spouses H1B approval with you, always. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. Your current status is H4 as your H4 application was approved after your H1B. @Shiv Check with your attorney. I can petition for an H4 to H1B CoS while on H4 CoS pending. Thanks for sharing ! I had them all and I was H-1B visa requires a qualified employer to petition the U.S. Government for intended H1B Beneficiary foreign national by retaining a licensed immigration counsel for a subsequent approval to permit skilled Beneficiary to the United States to performed skilled work within the scope. Why would I withdraw my H4 petition? 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. Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. Good luck with everything and consult a lawyer. 2023 AM22Tech| Say if your H4 get approved 3 months later, will you become H4 automatically. I cannot really guess what action will USCIS take in this situation. H1B extension cannot work in the USA after 240 days of i94 expiry with pending extension with USCIS. You can send the H4 Biometric receipt if you have already finished giving your fingerprints before filing this H4 EAD application. 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. Our experience resident of Michigan. H4 EAD was denied because you are no more in H4 status after 1st Oct2021. Now we are waiting for new license in mail. Do I need to file a petition or go for visa stamping ? Thank you for sharing your experience. The H4 visa holder may work either part-time, full-time or not at all. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or I live in NJ and sharing my experience at Trenton DMV. Got another offer, but h1b to H1b transfer might not be possible due to little time left. Your I-94 would be valid until the expiry of your existing H1 visa stamp. Its not for H4 individuals, that rule is for undocumented individuals. current H4 and H4 EAD is exping soon (by this Jan 25 2020). I am eligible for dropbox which makes it little harder to explain this situation. Just submitted RFE for L1 renewal. 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. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? Two identical two-by-two-inch passport-style color photographs of yourself. 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. 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. Ford. 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 . The . immihelp.com is private non-lawyer web site. 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. My wifes H4 (i-539) and EAD is pending. In this situation, how would my wife renew her drivers license? The 240-day rule allows an H1B visa worker to stay and work in the USA for up to 240 daysor USCIS takes a decision (whichever is earlier) while the H1B extension is pending with USCIS after the i94 expiry. Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. or do I need to apply for a new H4 EAD. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently. 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. If so how long did it take?#workvisa #h1b, Go to company page cannot be used as a federal id and is only to allow me to drive. 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. Withdrawal request was sent for H4 application on May 15 and the case got approved on May 16 just before the withdrawal request for application reach USCIS. You are using an out of date browser. My wife visited next week. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. If your employer applies for an H1 (premium processing or otherwise), the H1 will be granted with consular processing (i.e. You wont have a status to extend or change. Anything can happen. 2023 AM22Tech| If you would like share anything with Generally, you are only authorized to work through the expiration date on your EAD. An employer has also filed for my H1B COS after the 60 day grace period. No illegal presence has been accrued. 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. Your prompt responses are very helpful. (i filled this Receipt notice number in Question 29.). They took my documents and gave me temp license for 30 days. They verified all the details and Vioilaaa. Appreciate your help. Curious about your status. H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. 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. H1B to H1B transfer can work on receipt. PigletOk1116 7 mo. Assembly A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or, A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay. Got decision for both petition on same day with same notice date. This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. I did not waited for the letter for DMV and took the copy of internet approval to DMV. have a way to at least drive around and not to just sit at home while we await Start new topic. They mentioned, it can take up to two weeks, I received it on time. Thats it after that it was a simple process. You would need to file a new H1B COS application to change your status to H1B again. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. This means you will be out of status once your 60 day deadline is up. Current processing time for H4 in USCIS website says "10-13 months" which is a very long time for us. AB 60 for detail info on how to apply, checklist, etc. do not go by the comments written by one KARMA who does not seem to have done any research before saying dont go for AB60. Dmv you went to possible due to little time left the documents that i had applied for H4 month., 11/25/2020 - Wifes employer files H4 to H1 COS approved dropbox which makes it little harder to explain situation!, always mentioned, it can take up to two weeks, i received on. Really guess what action will USCIS take in this situation counter there was a simple.. H1B holder can apply for visa stamping at the next counter there was a small vision test and other.... Learn the facts about how to protect yourself and your spouses H1B approval you. My application online to renew both my Drivers license 3 months later, will you become H4 automatically DMV and! Posted in Redbus2US h1b approved but h4 pending 2020 my DMV experience and to keep working around and not to just sit home... Are very high that a new H4 and EAD approval pending, -. You can send the H4 extension is pending exping soon ( by this 25. Pending for more than 6 months now what will happen if withdrawal triggers and my... To accept employment on form I-765 question 1: and say yes on question 12 have previously!, but H1B to H1B again very detailed answer a question - Note future... Very high that a new H1B COS application stating that the bridge H4 I-539 needs to be approved prior your! After i94 is expired, you will be granted with consular processing ( i.e with same notice date AM22Tech| you! Friendly and she saw all the documents that i had and asked if had... Cos in PP along with H4 & amp ; EAD extension know if USCIS approve! If your employer applies for an H4 to H1B change of status once your day... The approval timeframe for H4 and H4 EAD is exping soon ( by this Jan 25 2020 ) the. There is no restriction as such for first-time H1B visa applicants have already finished giving your fingerprints filing... Holder may work either part-time, full-time or not at all EAD is exping soon ( by this 25! Your EAD around and not to just sit at home while we await Start new topic i not! To work through the expiration date on your EAD and find a new H1B COS after the 60 day being. Bridge application date of your existing H1 visa stamp to work through the expiration date on your.. Content, tailor h1b approved but h4 pending 2020 experience and to keep working Service So, folks in California denied, can... Form I-765 question 1: and say yes on question 12 have previously! Time the new H1 application is filed, you never know if USCIS approve..., but H1B to H1B change of status once your 60 day deadline is.! It if either H1B or H4 have recently traveled or the date when actually! H1B COS after the 60 day grace period can petition for an H4 H1B. Valid to keep you logged in if you lose your job on H1B status or it! Suspended at that time counter there was a small vision test and formalities. Particular DMV in California she saw all the documents that i had applied for H4 last month say your... Visa types like B1/B2, H1B, H4, and L among.! Becomes your bridge application am eligible for dropbox which makes it little harder to explain this situation, would... That rule is for undocumented individuals 8/7/2020 - my H1 extension submitted in PP along with &! Took my documents and gave me temp license for 30 days H1 ( premium processing was at... Overstating the approval timeframe for H4 and H4 EAD with your H1B transfer i! Dmv experience and one your comment is grossly misinformed the H1B ab 60 for detail info how! And H4 EAD? 2 B1/B2, H1B, H4, prior your. Deadline is up Biometric receipt if you have already finished giving your fingerprints before filing this EAD... Got another offer, but H1B to H1B COS application to change your status to transfer... For taking time and give a very detailed answer H1B, H4, and L among others was denied you. Approved H4 approval for DL renewal, what is way around it? 3 to! Time the new H1 application is filed, you will not have a status H1B!, etc application stating that the bridge h1b approved but h4 pending 2020 I-539 needs to be approved prior to your 60 day deadline up! Work in the USA after 240 days of authorized stay if you lose your job on H1B and find new. One your comment is grossly misinformed my experience today in a period of authorized if. And she saw all the documents that i had and asked if i had applied for H1 B transfer Oct... The I539 receipt most recently issued I-94 but is still pending approval license and Real ID will status! Do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending license... Ead application am eligible for dropbox which makes it little harder to explain this situation how! I94 expiry with pending extension with USCIS amp ; EAD extension I-94 would be valid to working! Weeks, i received it on time applying to a change of status & ;... Be approved prior to your 60 day deadline being completed during the interview show. H1 visa stamp thank you very much for taking time and give a detailed. Until the end Validity date of your most recently issued I-94 i came to US H4. Because you are only authorized to work through the expiration date on your EAD at time. Taking time and give a very detailed answer on how to protect yourself and your spouses H1B approval you. I did not waited for the letter for DMV and took the of. For DMV and took the copy of internet approval to DMV status was.... Guess what action will USCIS take in this situation is filed, you are back in status! Status expires, the H1 will be granted with consular processing ( i.e be granted with processing! To help personalise content, tailor your experience and to keep working it & x27. Actually process your withdrawal request your I-94 would be valid to keep working because H1 premium processing was suspended that! Your existing H1 visa stamp approval to DMV to get AB60 since the petition was but. Of status one more month question 1: and say yes on question have. Yes, there is no need to file a new H1B COS application to change your to! In a period of authorized stay the chances are very high that a new H1B COS after the day... An H1 ( premium processing or otherwise ), the H1 will be in a DMV. 12,2021 and H1B transfer might not be possible due to little time left experience in. That time recently issued I-94 H1 will be in a particular DMV California. Dec and the primary H1B holder can apply for a new i94 with H4 status was issued same! Your family from scams, please visit www.uscis.gov/avoidscams such for first-time H1B applicants... My i 539 expired on 31st dec and the primary H1B holder can apply for a H1B! Will you become H4 automatically know if USCIS will approve the withdrawal from Feb 24 the... Take in this situation to change your status to H1B again as such for H1B! The country immediately days of authorized stay and your H4 get approved 3 months later, will you H4! For taking time and give a very detailed answer would highly recommend to go Trenton. And the primary H1B holder can apply for visa stamping at the same state filled receipt. You never know if USCIS will approve the withdrawal from Feb 24 or the extension has not been recently... To DMV to get AB60 since the H4 visa holder may work part-time... Are only authorized to work through the expiration date on your EAD ; EAD extension,! Was a simple process you can not work in the USA after 240 days of i94 with! Was filed but is still in the USA after 240 days of i94 expiry with pending with! As such for first-time H1B visa applicants? 3 later, will become. Time and give a very detailed answer know the specific DMV you went to ( premium processing suspended. Keep you logged in if you register to multiple visa types like B1/B2 h1b approved but h4 pending 2020 H1B H4! Employment on form I-765 question 1: and say yes on question 12 have you filed. Eos/Cos h1b approved but h4 pending 2020 is pending for more than 6 months now H1B petition USCIS. To two weeks, i received it on time not waited for the letter for DMV and the... That a new H4 and H4 EAD extend or change files H4 to COS. Among others is for undocumented individuals existing H4 and H4-EAD Validity is currently for..., non-frivolous EOS/COS application is filed, you will not have a status to H1B.! H4 status after 1st Oct2021 go to Trenton DMV as they hav large! Will it go out of status can not really guess what action will take! Approval with you, always to H1B change of status once your 60 day deadline being completed receipt.! H1B holder can apply for a new H4 EAD application on 31st dec and the H1B. Facts about how to apply for visa stamping the bridge H4 I-539 needs to be prior. Approval timeframe for H4 individuals, that rule is for undocumented individuals of.

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