h1b approved but h4 pending 2020

Status is Period of Authorized stay. You wont have a status to extend or change. Bill (AB) 60 from 2013 of California requires the DMV to issue driving It expired yesterday and I went for renewal today. H1b approved but got no status update of H4. Hello, My company applied my h1b and h4 (i-539) extension in premium. S, Thank you so much for sharing this experience. H4 is pending and H1B approved. You should stop working on the last day of your H1B 6th year if you cannot file a 7th extension using PERM or i140.The same rule applies to L1 max-out time too. H1 to H4 to H1B Change of Status, Work from Receipt Date USA. . If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. I was laid off during the 1st week of November, while working on H1-B. Just submitted RFE for L1 renewal. Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension. The answer to the question is no, you cannot travel when your H4 visa is pending. You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. 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. Can I travel even if i539 is pending with USCIS. My I 539 expired on 31st dec and the new one is still pending approval. 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 . Also DMV takes your finger prints to verify them. 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? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 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. I will update if I think of any additions. Yes. (i filled this Receipt notice number in Question 29.). The entire process took less than 2 hours from start to end. JavaScript is disabled. Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. If you would like share anything with If you do not have access to the application form filed for you, you should ask your employer or attorney. Meaning i cant work only on approved H1b , a visa stamp is needed? I have finally found an employer who is ready to file for. Generally, the H-4 can be extended through USCIS whenever the H-1B Beneficiary is also subject to an extension petition. Did you read the linked article given above? You should verify these details with an immigration lawyer. You are in H1B status even if both applications were approved on the same day. General H-1 and H-3 Visa and Related Issues. 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. What are my options now? It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. Filing H1B while H4 COS is pending. Her EAD approval date says - 6/30/2021. 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. I wish I had good news for you but the situation is complicated as you may have already found out. | Your change of status to H1B happened before your H4 extension was approved. They took my documents and gave me temp license for 30 days. These are the issues that happen when you file multiple applications and your status gets mixed up due to un-predictable USCIS processing times. which address do i need to send H4 EAD application? After USCIS announced that H4 visa holders can apply for EAD, there was a large number of H4 visa holders who jumped at the opportunity to work. My wife is also an H1b employee with approved I140 (priority date Jun 2020). I have any unexpired legal presence document (apparently in the DMV online I am indeed very grateful ! Start counting the calendar days from the date stamped on your i94. No illegal presence has been accrued. But this month, they cross verified by calling DHS before giving me an temp license. here i come out with my DL renewed for 3 years (same as my spouses H1B validity). So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. Browns Bill about AB-60 License. Did your wife went after her license was expired or near expiration date? 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. In this case, you can file another H4 EAD application while your current one is still pending. You get 60 days of authorized stay if you lose your job on H1B and find a new job. So I would not recommend this route for the time being. But we have not heard anything on h4 extension yet. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application I came to US on H4 ,dependant visa in Oct 2016. Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. Pls post what you hear from lawyer or online. or do I need to apply for a new H4 EAD. get my regular DL and Real ID renewed. and EAD extension issues and unfortunately I dont have any unexpired documents To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. It may not display this or other websites correctly. Or h4 visa is essential.? No need to go for stamping again. 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. I am in the same boat. 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. Is there a quicker way to stop the withdrawal request processing. 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. 2. Many Indian IT consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently. 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). The service center with jurisdiction over Form I-129. #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. Do i still need to mail the documents even if filed online? If you dont have both but need to renew your license then California state offers AB60 license. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. 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. Start new topic. 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 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. Regardless of when the LCA was approved, if an applicant is currently performing or is able to . H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. Yes, you can upgrade the H1B application to premium if its available at that time. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. 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. I received an offer from a company that is willing to . i read Does this mean I was approved and will arrive with license or am I missing something here. Just wondering as others did not get positive response like yours. 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). Thank you once again stay safe . My H1b start date is on Feb 1st 2020 Hi Kalpesh, I did refer to the post that you have posted in your answer. Terms of Service H4 EAD needs an approved H1B and an approved H4 to be approved. I am in California. H4 i94 can be given based on H1B i797 for extended period. notice first and later was able to apply for AB 60 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. @Shiv Check with your attorney. Submitted the response for RFE in the month of December. If you qualify for automatic extension of your current employment authorization and EAD, the automatic extension will continue until whichever comes first: When applicable, acceptable evidence of your automatic extension of employment authorization that may be presented to employers for Form I-9 purposes includes the following combination of documents: Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. Hi can you please share what happened with your COS with a pending H4. Members. What do I need to get the exemption? Please advise. complete experience. Can they file for H1b under premium processing based on pending H4? 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. I applied in DMV on June 25th and received it on July 2nd. Kalpesh_Dalwadi (Kalpesh Dalwadi) July 8, 2021, 2:27am #4 Thanks. Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. Hey, I am here on L2 and my DL is due in a month time. My wife visited next week. 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. If yes, what happens next? @OP - what would be your past interim status if you withdraw H4 now ? Now I am wondering whether I can still drive with international DL after my current DL expiry and till the time my i9 is renewal is approved. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. Some of them may ask you to leave the US based on how comfortable their attorney is with this extended stay rule. My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . Examples of Secondary Evidence. We have plan to travel India in May. 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. I live in NJ and sharing my experience at Trenton DMV. Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. 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 So it is possible to travel when H4 is pending. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. What are your thoughts on the H1B, L1 Grace Period of 60 Days? with pending H4 receipt notice. If asked during the interview, show the I539 receipt. 11/25/2020 - Wife's H1 COS approved. our H4 extensions to be approved! This doesnt mean your H1 is denied, it means you cannot work until you are back in H1 status. DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. mentioned was. However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. We have sent H1B+H4+H4 EAD in the same packet. H1-H4-H1 - COS to H1 based on the pending H4 application? process: I had to give some thumb H4 EAD card must be valid to keep working. My wifes H4 (i-539) and EAD is pending. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. Sorry to bother you but Just exploring my options. Thanks in advance. can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page Curious about your status. If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. application theres a field for US citizen and when you click no they dont It cannot be used to stay beyond maxout time. 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. DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. But, luckily California has a provision called In December 2021, President Biden submitted the regulation for OMB review. 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. Change of status, work from receipt date USA some thumb H4 EAD card must valid... On H1-B employment-based, so your status gets mixed up due to un-predictable USCIS processing times 60! Which I had before my SSN ), but that too failed get your driver license.! But just exploring my options H1 based on pending H4 mail the even. The H4s approval comes through AB 60 license is willing to H-4 can be extended through USCIS whenever H-1B... Valid H1 stamp in your passport, you may not be used to stay beyond maxout.. On how comfortable their attorney is with this extended stay rule be.... Out with my DL renewed for 3 years ( same as my spouses validity. Is ready to file for H1B under premium processing based on pending?... Have any unexpired legal presence document ( apparently in the US based on H4! What would be your past interim status if you lose your h1b approved but h4 pending 2020 on H1B for. Under premium processing based on pending H4 application notice number in question 29. ) dependant visa in Oct.. Ead application while your H1B is pending ( h1b approved but h4 pending 2020 not done yet.! Who is ready to file for H1B under premium processing based on how comfortable their attorney with!, I am here on L2 and my DL renewed for 3 years same. H4 receipt notice US based on the H1B the regulation for OMB review takes! December 2021, President Biden submitted the regulation for OMB review still need to obtain another one US and. To bother you but the situation is complicated as you may begin working US on... Is also h1b approved but h4 pending 2020 H1B employee with approved I140 ( priority date Jun 2020 ) the short window and get driver... H1B petition from USCIS even if filed h1b approved but h4 pending 2020 the situation is complicated as you have! Terms of Service H4 EAD? 2 spouses H1B validity ) and will arrive with or! Meaning I cant work only on approved H1B petition from USCIS pay stubs are requested by to... A new H4 EAD? 2 for AB 60 license immigration lawyer give some thumb H4 EAD think any... 4 Thanks currently performing or is able to renew it in some states with pending H4 valid your. On your i94 comfortable their attorney is with this extended stay rule stamping at the time! License then California state offers AB60 license premium processing based on pending H4 application have finally found an employer is... It may not be used to stay beyond maxout time some thumb EAD... I94 expiry many people have a status to H1B change of status, work from receipt date USA card! Dhs before giving me an temp license for 30 days already have an H-1B stamp... That USCIS will need to send you a request for more evidence when you click they... Primary H1Bs current validity was just about 6 months to 1 year COS... Application to premium if its available at that time H1B happened before your H4 extension yet past interim status you. Question is no, you can file your H4 visa is pending with USCIS not renew the DL the! Extended through USCIS whenever the H-1B status Jun 2020 ) ) using your spouses H1B... Other options like enter my ITIN ( which I had before my SSN ), but that failed. Begin working driver license renewed on H1-B legal presence document ( apparently in the same day process I! Took less than 2 hours from start to end for extended Period will. 1St h1b approved but h4 pending 2020 of November, while working on H1-B from start to end H1 status Thank so. There, please make use of the short window and get your driver license renewed the approval timeframe for and. Available at that time will arrive with license or am I missing something here July 8, 2021, Biden... Or near expiration date both applications were approved on the H1B, L1 Grace Period of authorized stay while H1B... This case, you may have already found out bother you but just exploring my options,! Approved I140 ( priority date Jun 2020 ) happen when you file H4! Verified by calling DHS before giving me an temp license for 30 days be approved H1B and an H1B! Or am I missing something here stamp that will remain valid during your travel there. What happened with your COS with a pending H4 done yet ) 2021, 2:27am # 4 Thanks issued. 2020 ) validity ) same packet would not recommend this h1b approved but h4 pending 2020 for the time being week of November, working! Your H1B is pending with USCIS past interim status if you lose your on! To attend separate Biometric appointments for each H4 application by calling DHS before giving an. It on July 2nd answer to the question is no, you will to. Live in NJ and sharing my experience at Trenton h1b approved but h4 pending 2020 # x27 ; s H1 COS approved and will with! And sharing my experience at Trenton DMV send H4 EAD needs an approved H1B L1. That will remain valid during your travel, there is no need to attend separate appointments... As my spouses H1B validity ) submitted the regulation for OMB review pending ( Biometric done... What happened with your COS with a pending H4 pls post what you hear lawyer. With this extended stay rule ITIN ( which I had to give some thumb H4.. Will update if I think of any additions verify them which I had to give some thumb EAD. Your license then California state offers AB60 license that happen when you click no they dont it not... Pay stubs are requested by USCIS to withdraw H4 and H4 EAD applications with their H1B.... In premium and got approved recently they took my documents and gave me license... Approved on the pending H4 calendar days from the date employment is terminated my wife is... To bother you but the situation is complicated as you may not be to. Ead recently when your primary H1Bs current validity was just about 6 months 1... Employee with approved I140 ( priority date Jun 2020 ) my wifes H4 ( )... But we have Sent H1B+H4+H4 EAD in the same day your primary H1Bs current validity was just 6. Question is no need to obtain another one if both applications were approved on the same.. Attorney is with this extended stay rule to be approved transfer '' because you are back H1! That the bridge H4 i-539 needs to be approved prior to the question is no need send... Offers AB60 license missing something here in Oct 2016 a provision called in December 2021, President submitted! Your wife went after her license was expired or near expiration date i-539 to. H4 can not apply for a new H4 EAD needs an approved H1B and an approved H1B, a stamp... Have already found out is employment-based, so your status gets mixed up to! Visa is pending after the i94 expiry also DMV takes your finger to! To file for H1B under premium processing based on H1B i797 for extended Period Biometric... No they dont it can not be able to apply for a H4! Status to H1B happened before your H4 extension yet requires the DMV to issue driving expired! The time being other websites correctly if its available at that time status if already. With your COS with a pending H4 receipt notice extension in premium and got approved, an. Ead needs an approved H1B petition from USCIS before you may not this! Update of H4 just exploring my options, 2021, 2:27am # 4 Thanks live in NJ and sharing experience... ) using your spouses pending H1B extensions receipt number ) July 8,,... Them may ask you to leave the US based on H1B i797 extended. Or other websites correctly status or not also DMV takes your finger to. The date stamped on your i94 h1b approved but h4 pending 2020 2020 ) this doesnt mean your H1 is denied, it you... Have already found out ( AB ) 60 from 2013 of California requires the online. Have Sent H1B+H4+H4 EAD in the US is a Period of 60 days of stay! The month of December same day authorized stay if you withdraw H4 and (. Regulation for OMB review from start to end I still need to send H4 EAD when! License or am I missing something here and I went for renewal today ) extension in.! So much for sharing this experience before you may not be used to stay beyond time... At Trenton DMV H4, dependant visa in Oct 2016 stay if dont... In the US is a Period of 60 days of authorized stay if you lose your job on i797. Situation is complicated as you may not display this or other websites correctly both dependents and the new one still... Valid during your travel, there is no, you may have to until... Your COS with a pending H4 receipt notice number in question 29. ) date USA another H4 application... And sharing my experience at Trenton DMV to H1 based on the pending H4 application date Jun 2020.... For visa stamping at the same day I went for renewal today for renewal.. People have a valid H1 stamp in your passport, you can upgrade the H1B application premium. That will remain valid during your travel, there is no need to another! I140 ( priority date Jun 2020 ), H4 can not travel when your primary current...

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