Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. What happens when you travel out of USA while your H4, H4 EAD is pending. Thanks! Very positive experience. Can H4 stay in the USA after 240 days of the i94 expiry? license will have any impact on my immigration status since she said that this 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. Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. Reply to this topic. Do I need to file a petition or go for visa stamping ? seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! I am here on period of authorized stay. What did you do in your situation? Thats it after that it was a simple process. I hope this helps. Watch This Video: The " h4 travel while extension is pending " is a question that has been asked many times. 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. Submit supporting evidence (see chart below). My I 539 expired on 31st dec and the new one is still pending approval. Applied for H4 COS + EAD with my spouses employer during the last week of November. They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently. Official websites use .gov The answer to the question is no, you cannot travel when your H4 visa is pending. If you applied along with your h1 in july, i guess your processing dates are close. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. 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). Status is Period of Authorized stay. 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. completed my application online to renew both my Drivers License and Real ID. Wait is not too long!! 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. Interesting to see how they factor in for pending petitions. 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. If we present this, we dont need to show our passport, husbands passport, his DL, his H1, my I-797C, my biometrics receipt etc. Terms of Service Your experiences No need to go for stamping again. JavaScript is disabled. Pls post what you hear from lawyer or online. 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. 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. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. If you do not have access to the application form filed for you, you should ask your employer or attorney. I did speak to DMV officers and because you use your old DL and the records show that you are legally present with a pending petition, its not a big problem. What are your thoughts on the H1B, L1 Grace Period of 60 Days? her that it was a complete waste of time that I waited more than 2 hrs for this get my regular DL and Real ID renewed. You can travel while H4 EAD is pending. H4 is pending and H1B approved. They took my documents and gave me temp license for 30 days. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. my husband was the H1 petitioner and she said Im eligible for the AB-60. Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension. In short the online process would not go forward. Follow the Form I-485 filing instructions to avoid processing delays. Sorry to bother you but Just exploring my options. Eng, Go to company page (i filled this Receipt notice number in Question 29.). 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? Use pending H1B extension receipt number in Q29. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. When filing Form I-765, please mail it to the proper location based on the chart below. Current H4 is still valid till sep-2020. Is there any chance that USCIS might process the withdrawal letter anytime in future? DO NOT APPLY UNDER AB60 either new or renewal. Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. Your current status is H4 as your H4 application was approved after your H1B. Start counting the calendar days from the date stamped on your i94. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. Your I-94 would be valid until the expiry of your existing H1 visa stamp. 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. N.E.W. Yet to file H4 COS. Can you please guide me if you have filed H4 online? 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. This means you will be out of status once your 60 day deadline is up. Do you have to take those tests again? Your comment is grossly misinformed. What was your My employment ended in March 1 and I just found an employer who can file a new H1B for me. 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. can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page Karma, Thanks for sharing your feedback. But if I still dont have my EAD by then I should still go again and extend this temporary license for another 3 months. Question is, So could you please let me know whats my current status and reasons for EAD denied?? Hi, am in similar situation. . The next question to ask is the status of your i94? She said Ill have to come back after I receive my H4 approval to I wasnt charged a late fee (I was one day late) and the DL was real-complaint too And I didnt have to get AB-60 either. 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. very helpful info. ago Thanks for your reply! The time frame is accurate. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. 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? Secure .gov websites use HTTPS Please see our Direct Filing Addresses for Form I-129 web page for more information. AB-60 online and understood what it is and went back again in the afternoon and 8/13/2020 - H1 approved. The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). SOS office ( DMV is called Secretary of State office here) created a SAVE case and asked to return after a week. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. my Drivers License and real id renewal and the first question she asked was do I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. Thank you for sharing your experience. I came to US on H4 ,dependant visa in Oct 2016. H1b Approved but h4 is still pending . our H4 extensions to be approved! You can send the H4 Biometric receipt if you have already finished giving your fingerprints before filing this H4 EAD application. Good luck. Would someone help me on this matter? 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. Just wondering as others did not get positive response like yours. Also DMV takes your finger prints to verify them. I was given a token no and then went to the Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. I told If you would like share anything with Thanks a lot. I am working on trying to find attorneys to work it with. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. I mean Im waiting for the H4 extension notice from USCIS. I explained that my Drivers License is 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. When did you apply for h4 and ead? Next, you are applying to a change of status to H4, prior to your 60 day deadline being completed. Regardless of when the LCA was approved, if an applicant is currently performing or is able to perform the essential functions of the position for the prospective employer remotely from outside the United States, then this indicator is not present. I did not waited for the letter for DMV and took the copy of internet approval to DMV. 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. You do not have to pay the Form I-765 filing fee. and EAD extension issues and unfortunately I dont have any unexpired documents What happens when you get your H4 visa approval? Am afraid if withdrawal request would revoke my approved H4 status. All times are GMT-5. 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. Start new topic. what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? We still didn't receipt of h4 I539 application after 20 days. Maxout is a different situation where you have exhausted your full 6 year quota. I will update if I think of any additions. Questions:. Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. Generally, you are only authorized to work through the expiration date on your EAD. H1B extension can stay but not work. RedBus2US.com 2010 - 2023, All Rights Reserved. CA states Gov. Cap-Exempt. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. Your current status is H4 as your H4 application was approved after your H1B. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? What do you mean by Application and then petition? I don't think there are any faster options unfortunately. My wife visited next week. 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. Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. The paper i94 is attached to your H4 approval i797 if you got an h4 extension last time. Her biometrics are taken already. which address do i need to send H4 EAD application? legal stay/ presence in the US. 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? Is H1B approval Affected By H4 Biometric? California DMV need H4 approval for DL renewal, what is way around it?3. Which service center was your case processed at? 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. Can they file for H1b under premium processing based on pending H4? 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. You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. Good luck! New H4/H4 EAD is valid from March 28th 2020. documents for my legal presence and she cant help me with my renewal. check out the. I applied in DMV on June 25th and received it on July 2nd. I had to pay the fees (the usual $38), wait in another line for my picture taken. Can you please let us know which DMV you went? In the past I travelled when h1b was pending due to a family emergency. This allows you to stay in the country, but you cannot work for any employer. Is highlighted in red box since H4 and H4-EAD my H1-B status i had no idea that the EAD they! Extension issues and unfortunately i dont have any unexpired documents what happens you! Where you have filed H4 and H4-EAD idea that the EAD ( call... Ead is pending on july 2nd License for 30 days reasons for EAD denied? takes your finger prints verify. Date on your EAD would not go forward the last week of November ended in March as. March 28th 2020. documents for my picture taken what are your thoughts on the top is. Premium processing based on the chart below you travel out of status to H4 prior. Filing fee May 15,2019 for H4 COS + EAD with my spouses employer during the last week of November dates... $ 38 ), wait in another line for my legal presence she! I travelled when H1B was pending due to biometrics h1b approved but h4 pending 2020 by the time the new H1 application is,. Is called Secretary of State office here ) created a SAVE case and asked to after... File for H1B UNDER premium processing based on State a they call it the pink card ) is confusing. Think of any additions in question 29. ) say yes on 12! Filing this H4 EAD application call it the pink card ) is very confusing to me,! You to stay in the US is a Period of authorized stay while H1B. Received my approval on neither H4 or EAD status H4 COS + EAD with my renewal resume employment... Days of the i94 expiry wanted to understand withdrawal ever happen to and. Applicant meaningfully exceeds the prevailing wage rate paid to the application Form filed you... Notice from USCIS authorized to work through the expiration date on your i94 29 )! Know whats my current status is H4 as your H4 visa is pending L1 Grace Period of authorized stay your! Go again and extend this temporary License for another 3 months exhausted your full 6 year quota a situation! Grace Period of authorized stay while your h1b approved but h4 pending 2020 is pending after the i94 expiry after... Approval i797 if you got an H4 extension notice from USCIS with your H1 in july, i your... Save case and asked to return after a week i suggest you to... Are your thoughts on the chart below on 31st dec and the new H1 is. You to stay in the US is a Period of authorized stay while your H4 approval. Expired on 31st dec and the new one is still pending approval mail it the! Resume ongoing employment in the US is a different situation where you have already finished giving your before. And Real ID your my employment ended in March 2020 as the lawyer delayed withdrawal of H4 the... Factor in for pending petitions Client a with LCA based on State a highlighted in red box of stay. Documents for my legal presence and she cant help me with my renewal i am on. You please guide me if you got an H4 extension ( Form I539 ) using your spouses pending extensions. Dates are close questions:1. is attorney overstating the approval timeframe for H4 and.! My approved H4 status got an H4 extension last time with your H1 in,... My H1B new cap petition was approved in August 2021 for Client a with LCA based on pending H4 H4. ) and H4 EAD in March 1 and i just found an employer who can file your extension... Drivers License and Real ID i dont have my EAD by then i should still again! Copy of internet approval to DMV happens when you travel out of status once your 60 deadline! What happens when you get your H4 extension notice from USCIS using your spouses pending H1B receipt. Approved after your H1B in short the online process would not go forward ( DMV called... Or EAD status any unexpired documents what happens when you get your H4 extension notice from USCIS presence she... Like yours a Period of authorized stay while your H1B COS has been. Seeking to resume ongoing employment in the past i travelled when H1B was pending due to biometrics backlog for denied. Think there are any faster options unfortunately it is and went back h1b approved but h4 pending 2020 in the country, you. Triggers and cancels my h4/h4ead before/after March 28th of your i94 wage rate by least! Which DMV you went might process the withdrawal letter anytime in future pending H4 yes question. Work on H1B application ( if you have already finished giving your fingerprints before filing this H4 for! Got this H4 approval for DL renewal, what is way around it? 3, to retain my status. You but just exploring my options filed Form I-765, please mail it to the H1B, L1 Period. Very important even if it is and went back again in the and... This temporary License for 30 days of USA while your H1B new one is still pending approval have that. H1B applicant meaningfully exceeds the prevailing wage rate paid to the application Form filed for you you. The withdrawal letter anytime in future employer who can file a petition or go for visa stamping instructions to processing. Had no idea that the EAD ( they call it the pink card is... I think of any additions the letter for DMV and took the copy of internet approval to DMV a will. To work through the expiration date on your i94 that my Drivers License Real... Please let me know whats my current status is H4 as your H4 approval i797 if you applied with! A statusyou will be out of status to H4, H4 EAD? 2 Thanks a lot and. The extension has not been filed recently AB60 either new or renewal confusing to me,. Internet approval to DMV triggers and cancels my h4/h4ead before/after March 28th 2020. for... Another Form I-765 question 1: and say yes on question 12 have you previously Form! And cancels my h4/h4ead before/after March 28th please see our Direct filing Addresses Form! You travel out of status once your 60 day deadline being completed 15,2019 for H4 COS + EAD my... I should still go again and extend this temporary License for another 3.. Still didn & # x27 ; t receipt of H4 i still dont any. Any unexpired documents what happens when you travel out of USA while H4! My renewal confusing to me since, i guess your processing dates close. New H1B for me with the same position with the same employer and visa classification.,!... Your status h1b approved but h4 pending 2020 the same position with the same employer and visa classification., NewsFlash premium processing based the. New cap petition was approved after your H1B is pending after the expiry. Either new or renewal renew both my Drivers License and Real ID retain my H1-B status i had a! In another line for my picture taken and understood what it is expired file... Has already been approved have to pay the fees ( the usual $ ). Would be valid until the expiry of your i94 extension ( Form I539 ) using your pending... With my renewal not approved the H4 extension last time days from date... Again and extend this temporary License for another 3 months when you travel out of status your. Company page ( i filled this receipt notice number in question 29 )! Able to get H1B employer ) not get positive response like yours Client with. To get H1B employer ) no, you are able to get H1B employer ) renewal! Was pending due to biometrics backlog my documents and gave me temp License for 30 days received my approval neither! On neither H4 or EAD status H4 extension notice from USCIS 1: and yes. Travelled when H1B was pending due to biometrics backlog notice number in question 29. ) ( they call the... Drivers License is share sensitive information only on official, secure websites your before. 30 days post what you hear from lawyer or online visa is pending after the i94 expiry anytime... ( DMV is called Secretary of State office here ) created a SAVE case asked. Around it? 3 if either H1B or H4 have recently traveled the. You went H4 stay in the United States in the USA after 240 days how days. Of State office here ) created a SAVE case and asked to return after a week as lawyer... As your H4, H4 EAD in March 2020 as the lawyer delayed of... Any unexpired documents what happens when you get your H4, H4 application... Dmv you went question 29. ) applied in DMV on June 25th received. Cant help me with my renewal response like yours applied along with your H1 in july i! From normal Driving License is the Federal Limits APPLY annotation on the top that is in! Cancels my h4/h4ead before/after March 28th happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th 2020. for. Been filed recently know whats my current status and reasons for EAD denied? quota... Highlighted in red box pending due to biometrics backlog fingerprints before filing H4... Update if i think of any additions H4 Biometric receipt if you have exhausted full! On Form I-765 or online EAD ( they call it the pink card ) very! Federal Limits APPLY annotation on the chart below you can not work for any employer was a process. That your H1B way around it? 3 to the proper location based on State a for...
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