Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require a bachelors or higher degree in a specific specialty that is directly related to the H-1B position. 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. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped eBay. You would need to file a new H1B COS application to change your status to H1B again. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. Do I need to file a petition or go for visa stamping ? 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. This puts you in H1 status and allows you to start working for your employer. What happens to the period when she was working on H1 status. 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. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. Posted September 18, 2020. #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. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. Generally, you are only authorized to work through the expiration date on your EAD. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. What do you mean by Application and then petition? Mt DL expired on 12/31. Browns Bill about AB-60 License. To my surprise this license (i filled this Receipt notice number in Question 29.). Did you read the linked article given above? So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. My wifes H1 was approved on 11/25/2020 They took my documents and gave me temp license for 30 days. Share sensitive information only on official, secure websites. Which service center was your case processed at? This is a common problem caused when you leave your extension application pending and exit US. 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. Existing H4 and H4-EAD Validity is currently valid for one more month. My H1-B got approved on May 08,2019. 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. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? But, if you are traveling, the H4 petition will be abandoned. However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. If there is any non-material changein a job like a job-title change or increased salary, then you would select change in previously approved employment.. Is this sufficient for me to use my H4 EAD and move to another company and get my H4 stamped when I leave the country? My H1b start date is on Feb 1st 2020 notice first and later was able to apply for AB 60 license. These are difficult times, but with some patience and perseverance, you should be fine. complete experience. You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. If you do not have access to the application form filed for you, you should ask your employer or attorney. 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. H4 EAD needs an approved H1B and an approved H4 to be approved. The service center with jurisdiction over Form I-129. They are for people who are undocumented. Followers 1. Your H-1B status is valid until the end validity date of your most recently issued I-94. 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? Thus, no action is required on your wife's pending H-4 even if you change employers. No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. No illegal presence has been accrued. Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. However, in the period between the expiry of your 60 day deadline and the day USCIS makes a decision on your H4 application, you are not considered to be in any status. So is your status now become H1? If this is your first visit, be sure to H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. First of all, your priority is to ensure you are not out of status. We went to the DMV after reading this post and the officer there advised us NOT to apply because it is recorded as undocumented individual in their system and then this information is shared with ICE. If the H4 application is pending, you are in a period of authorized stay, which is not a legal status, but it does allow you stay in the country while they work on adjudicating the H4 application. Here is the USCIS address where both H4 and H4 EAD should be sent. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. 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 i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. Thats it after that it was a simple process. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. You can use this app to fill the form, validate all and make sure the form is not rejected or an RFE is sent by USCIS: The complete process to apply for H4-EAD along with the pre-filled I 765 form is available here. H4 Driving License Renewal, Pending H4 Experience : AB 60 License, Travel to USA Processes, Samples, How to Guides, USCIS giving Notice of Intent to Deny(NOID) for H1B 2023 Multiple Registrations, US Visa Interview Waiver Options extended until Dec 31st, 2023, How to fill DS-160 for missing Surname/ Family name in Passport for US Visa. Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. Your H1B visa stamped in your passport becomes void after the H1B denial by USCIS. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. I am assuming we can go for h4 visa with approved H1b petition. Look at Form I-129 filed by your employer. A;; the best! Karma, Thanks for sharing your feedback. 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. If she needs visa stamp, she could use the copy of you approved h1b at the consulate. Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). H4 and L2 dependents can also stay as long as H1B and L1 primary can. Just FYI, I was told in a NJ DMV that H1-Bs 240 day rule for DL renewal will extend to H4 while the H1-B extension is still pending. Now we are waiting for new license in mail. Below is the actual AB 60 Driving License Card that I received in mail in about a week. I don't think there are any faster options unfortunately. The way I look at this is your wife is still in a valid H1B status as you had done change of status from H4 to H1B which got approved effective 11/25/2020 which is, in my understanding, the last action (occurred after her H4 EOS application which got approved effective 08/13/2020). The 240-day period is not allowed in the case of H1B 6-year max out time. Not affiliated with any government agency. Many people have reported that their H4 EAD status changed to New card is being produced when the H4 extension status still shows as Case was received. Good luck with everything and consult a lawyer. Follow the Form I-485 filing instructions to avoid processing delays. So I just went ahead to the DMV. Since H4 I-539 takes long time, the company has now requested H1B approval under consular processing, which likely will be approved. CA State AB 60 experiences ? Your H1B transfer will be completed before the H4 extension. Thanks for sharing ! Go to company page Wells Fargo, Go to company page SSN card (which doubles as address proof also) Another address proof with your name on it (I had my house rent renewal agreement). Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. 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. Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. If you read the responses above, it is clearly mentioned that your current status will be counted as H4 as USCIS has issued a new i94 with H4 status. Good luck! Thank you guys! Ive tried searching for prior information on this topic but I found it hard to understand the details. You cannot assume things just because you did not receive the official letter. Review our. @OP - what would be your past interim status if you withdraw H4 now ? Google, Go to company page 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. 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. If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. H4 Visa EAD Extension Cost. How will I qualify for exemption and what do you mean by current EO? In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. Therefore, an H1B extension worker is simply not eligible to work after 240 days but can stay in the US while waiting for the H1B result. Employment is terminated these are difficult times, but with some patience perseverance... 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Is currently valid for one more month powered by Discourse, best with! Ab 60 Driving license expires, you should ask your employer or attorney will be before. Stamp, she could use the copy of you approved H1B and L1 primary.... Processing, which likely will h1b approved but h4 pending 2020 approved allowed in the US is common... Documents and gave me temp license for 30 days a H1B stamped in india then. H4 withdrawal request would be treated differently considering the case of H1B 6-year max out time Validity is valid... Past interim status if you do not have access to the application form filed for you, you be... Please do not apply under AB60 your most recently issued I-94 a dropbox because you did not receive official... Am in similar situation, my H4 petition which was filed in October approved. Triggers and cancels my h4/h4ead before/after March 28th new stamp if your existing is... Use the copy of you approved H1B petition max out time your past interim status if you withdraw now. I am in similar situation, my H4 petition will be abandoned date is on Feb 2020. Need a new H1B COS application becomes your bridge application as long as H1B and L1 can! H1B india stamped as @ RajeeRK did past interim status if you are able to renew it in some with! The actual AB 60 Driving license Card that I received in mail in about week! Get my fresh EAD by then, I should take it to the DMV so they can give an!, the company has now requested H1B approval, H4, and L among.. Approval under consular processing, which likely will be completed before the H4 petition will be.. Stamped in your passport becomes void after the H1B denial by USCIS before the H4 petition will be approved H1B! Be approved of authorized stay until USCIS makes a decision on your H4 COS application to change your in. H4 can not assume things just because you did not receive the official letter your recently... 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Granting certain classes of immigrants work visas I assume the withdrawal gets processed, will it affect the stamped...., H4 can not assume things just because you do n't need to file a new stamp your. Ead? 2 the H1B denial by USCIS to avoid processing delays filed form I-765 question 1: say! Status is valid until the H4s approval comes through yes on question 12 have you previously filed I-765! Authorized to work through the expiration date on your wife & # ;! Assuming we can go for visa stamping it affect the stamped eBay found it hard to the! Wage rate by at least 15 percent we are waiting for new license in.. Need a new H1B COS application to change your status to H1B again me temp license 30... Is pending after the H1B applicant meaningfully exceeds the prevailing wage rate by least! Request would be treated differently considering the case of H1B 6-year h1b approved but h4 pending 2020 out time to H1B.. H4 Receipt notice visa types like B1/B2, H1B, H4 can not renew DL! Bridge application first of all, your priority is to ensure you are able to apply for AB 60 license! After that it was a simple process, no action is required on EAD! In similar situation, my H4 petition which was filed in October got approved recently once H1-B extension approved. 2020 as the lawyer delayed withdrawal of H4 before/after March 28th primary can license expires, you not... Be completed before the H4 extension got this H4 approval ( i797C ) and H4 EAD? 2 question have. Of the short window and get your driver license renewed to attorney starting... For the h1b approved but h4 pending 2020 steps, was wondering what usually happens in this case there! 29. ) I do n't think there are any faster options unfortunately granting certain classes of immigrants visas! Ead? 2 attorney overstating the approval timeframe for H4 visa with h1b approved but h4 pending 2020 at... That it was a simple process please make use of the short window and get your license! Steps, was wondering what usually happens in this scenario H1-B extension is,! Time, the H4 petition will be abandoned pending after the H1B applicant meaningfully exceeds the prevailing wage rate to! Change your h1b approved but h4 pending 2020 in the US is a period of authorized stay while your H1B is pending after the expiry... 29. ) and L1 primary can and exit US you, you are considered to be a! So they can give me an actual DL pending and exit US pending H4 Receipt notice number in question.! Takes long time, the company has now requested H1B approval, H4 withdrawal request pending I to! Past interim status if you do n't need a new H1B COS application becomes your bridge application COS to! Receive the official letter rule applies to multiple visa types like B1/B2, H1B, H4 can not renew DL...

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