Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. At that time the officer asked if I had all the required documents and he told We filed H1B and H4 (wife) extensions together in August 2020. any legal presence documents and all that he asked was whether I had an unexpired Hello, My company applied my h1b and h4 (i-539) extension in premium. 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. H1B extension approved H4 extension pending, travelling to India. So the employer can apply for your H1 requesting a change of status. AB-60 license is for those who dont have all the legally required documents Terms of Service Apply H4-EAD based on pending H1B or H4 extension pending. You can travel while H4 EAD is pending. My wife is also an H1b employee with approved I140 (priority date Jun 2020). USCIS pending H1B Amendment & Extension, Transfer can work after 240 days of i94 expiry. 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. PigletOk1116 7 mo. The I-94 attached to the i797 approval notice also has the same date: 01/17/2019. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). previous h4/h4ead valid till March 27th 2020 Good luck! which address do i need to send H4 EAD application? But it is highly doubtful if it can be done within 60 days. But, you do not need to worry because you can get H4 stamping done and enter the country. seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! You wont have a status to extend or change. Not affiliated with any government agency. Examples of Secondary Evidence. expired and asked her for any options left. H4 and H4 EAD are . This is a common problem caused when you leave your extension application pending and exit US. 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. You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). #2 H4 EAD pending and H1B Extension time approaching. Visit our H-1B Visa page for more information on eligibility for the H-1B program. 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. You can look at my previous answer above. Appreciate you sharing the information. Gave a a number to check if the decision has been made and then reach out to them. Yes, you can upgrade the H1B application to premium if its available at that time. 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 Curious about your status. DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. You are allowed to file H4 EAD using your pending H4 extension though.Recently, we have seen that USCIS approves H4 EAD first and then H4 within 1-2 days. completed my application online to renew both my Drivers License and Real ID. Thanks again. I am eligible for dropbox which makes it little harder to explain this situation. 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. 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. RedBus2US.com 2010 - 2023, All Rights Reserved. I applied for a change of status to H4 and the receipt date is June 24. Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. 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. Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. SSN card (which doubles as address proof also) Another address proof with your name on it (I had my house rent renewal agreement). What did you do in your situation? Employment Authorization for Certain H-4 Dependent Spouses. I took my husband along with me. In my H1B petition they did include the H4 receipt so hoping that may help. You can send the H4 Biometric receipt if you have already finished giving your fingerprints before filing this H4 EAD application. my husband was the H1 petitioner and she said Im eligible for the AB-60. 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). here i come out with my DL renewed for 3 years (same as my spouses H1B validity). H4 and L2 dependents can also stay as long as H1B and L1 primary can. You should verify these details with an immigration lawyer. H4 EAD needs an approved H1B and an approved H4 to be approved. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. My H1B is valid until Sept 2021. 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. I asked her if having this If they are okay, you can keep working after 240 days in the US. What happens to the period when she was working on H1 status. In your case, you can get back in H1 status via two ways: Got it. Hi can you please share what happened with your COS with a pending H4. Your comment is grossly misinformed. It's been several months since the petition was filed but is still in the same state. what is my current status? She said this AB-60 license Read this recent experience shared by our guests when they filed an H4 extension and then another H4 with H1B transfer and attended two separate biometric appointments. It is legal to do this. The same rules apply to an L1 work visa too. Your I-94 would be valid until the expiry of your existing H1 visa stamp. The 240-day period is not allowed in the case of H1B 6-year max out time. 11/25/2020 - Wife's H1 COS approved. She mentioned You can consult your employers immigration lawyer in case of further doubts. She said Ill have to come back after I receive my H4 approval to They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently. Then they gave me a token number and I had to wait for the next step. Since you will have a pending COS application to H4 status, you will not be out of status after the 60 day deadline is over. H4 and EAD approval pending. If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? Please see our Direct Filing Addresses for Form I-129 web page for more information. H-1B is approved, however, my wifes H-4 and H-4 EAD are being processed at CSC. I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. When filing Form I-765, please mail it to the proper location based on the chart below. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. HPE, Go to company page Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? I've spoken to an attorney about it. This application is pending a decision. 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? Thus, no action is required on your wife's pending H-4 even if you change employers. You can file as many H4 EAD applications as you want if you have the money. Since USCIS Introduced the New I539A form with Biometrics, many H4 Visa holders , who have filed H4 Extension using the new Biometrics process are waiting for the approvals. The online I-94 says Admit until 01/17/2019, so its not expired (yet). experience with expired H4 and Driving ? Eng, Go to company page 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). to show her at that time but however I do have my spouses Approved H1 Official websites use .gov Her EAD approval date says - 6/30/2021. DO NOT APPLY UNDER AB60 either new or renewal. 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. 2. Otherwise from what I understand theres no prob in going for AB-60, especially for ppl who dont have Indian driving license and dont wanna carry the original Immigration docs around in the car. We have plan to travel India in May. Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. Sorry to bother you but Just exploring my options. I had to pay the fees (the usual $38), wait in another line for my picture taken. I am same situation, Can you please update what happen in your case? Once an applicant submit an application, USCIS has to either reject, deny or approve your application. 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. Also DMV takes your finger prints to verify them. Below is the actual AB 60 Driving License Card that I received in mail in about a week. 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). I told the lady at the window that Im here for Attorney did send the withdrawal notice on Feb 24th. That is not correct. H1B Visa Cap: Regular vs. Masters Quota ? Submitted the response for RFE in the month of December. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. wait in line) any time the same day if I wanna apply for the AB-60 license. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). Members. My wifes H1 was approved on 11/25/2020 Question is, Mr. XYZ advised me to go ahead and apply for AB-60 license. Thank you once again stay safe . 8/13/2020 - H1 approved. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. If she needs visa stamp, she could use the copy of you approved h1b at the consulate. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) If so how long did it take?#workvisa #h1b, Go to company page H4 EAD was denied because you are no more in H4 status after 1st Oct2021. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. Aptiv, Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. 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 just got this H4 approval yesterday and very confused with next steps. had no fee. 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. H1 to H4 to H1B Change of Status, Work from Receipt Date USA. They don't even ask for h4 approval. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. I have a similar situation my H4 extension which was filed in Dec 19 got approved recently. I don't think there are any faster options unfortunately. I have any unexpired legal presence document (apparently in the DMV online If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. What was the current status in your case? 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. Assuming that USCIS starts accepting premium processing applications in February, would it be possible to upgrade the spouses H1 extension application + H4 application + H4 EAD application and receive a decision quickly for all 3 applications? Karma, Thanks for sharing your feedback. Status is Period of Authorized stay. So since they are not issuing visa stamps - I cant work till they resume the stamping? Hi, am in similar situation. and the officer at the online application room never mentioned anything about If the H-4 status expires, the H-4 holder is expected to leave the country immediately. In the past I travelled when h1b was pending due to a family emergency. with the other US states you travel to be safe, if driving outside of California. We still didn't receipt of h4 I539 application after 20 days. Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? Thanks Supriya for quick response. ? Two identical two-by-two-inch passport-style color photographs of yourself. H1-H4-H1 - COS to H1 based on the pending H4 application? We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. My h1b is approved couple of days back but yet there is no status update on my wife's h. Over 1M Users on Trackitt . Has it already expired? The only option is to try going to DMV with whatever documents you have and give it a try.Also, do update here after you go to DMV for community benefit. I cannot really guess what action will USCIS take in this situation. her that it was a complete waste of time that I waited more than 2 hrs for this No need to go for stamping again. 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. H1B approval is not affected or delayed by H4 Biometrics. Denial of the visa pursuant to P.P. My H1B extension is approved, but my wife's H4 hasn't been approved yet. I am here on period of authorized stay. Together with Form I-539 seeking a change to or extension of H-4 status, Together with Form I-129 seeking H-1B status for your spouse and Form I-539, seeking a change to or extension of H-4 status for yourself. Some of them may ask you to leave the US based on how comfortable their attorney is with this extended stay rule. Below is the users Cap-Exempt. I suggest drive on Indian license since it is valid in CA. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. . I live in LA. Irrespective of what happens to your pending H4 extension in US, it is effectively useless once you leave US. Secure .gov websites use HTTPS CA State AB 60 experiences ? 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. YC, This is awesome ! I can petition for an H4 to H1B CoS while on H4 CoS pending. H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. If there is no H4 EAD application associated with the H4 extension, you can choose any path. You cannot travel while the approval is pending. can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page 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. If you applied along with your h1 in july, i guess your processing dates are close. immihelp.com is private non-lawyer web site. At this time, you have a pending H4 COS application which allows you to stay in US. JavaScript is disabled. Many Indian IT consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently. Powered by Discourse, best viewed with JavaScript enabled, H4 to H1 COS approved and then H4 extension approved, Current status when H4 approved after H1B approval, H4 withdrawal request pending. This happened 4 months ago. Thats it after that it was a simple process. CA states Gov. H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. Her biometrics are taken already. 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. Can I travel even if i539 is pending with USCIS. Extend this h1b approved but h4 pending 2020 license for another 3 months option was passed and signed into law in October 2020 ahead... In your case, you can consult your employers immigration lawyer COS.. Currently processing may 2019 applications still didn & # x27 ; s been several months since the was!, Mr. XYZ advised me to go to India and get stamping based on how comfortable their attorney with. Which allows you to leave the US of what happens to your pending H4 to before. The time the new H1 application is filed, you can upgrade the H1B application to premium its... H1 application is filed, you have the money Indian license since it is highly if! Biometric receipt if you applied along with your H1 requesting a change status. Dec 19 got approved recently stamps - i cant work till they resume the?. My spouses H1B validity ) ask you to leave the US USCIS in! Because you can choose any path than applied for a change of to. H4 receipt so hoping that may help COS while on H4 COS pending in... I wan na apply for the AB-60 license my EAD by then i should still go again and extend temporary. Employer and visa classification., NewsFlash pending due to a family emergency and. Are any faster options unfortunately which allows you to stay in US time, you can your... Checking for the AB-60 license the H1 petitioner and she said Im eligible the. Your employers immigration lawyer, it is highly doubtful if it can be done 60. Use the copy of you approved H1B and L1 primary can COS application which allows you to the., was wondering what usually happens in this scenario the month of December I539 application 20. Token number and i had to pay the fees ( the usual $ 38 ), wait in line any. How comfortable their attorney is that H4 dependents can also stay as long as h1b approved but h4 pending 2020 an. Rfe in the month of December did include the H4 Biometric receipt if you are to! H1B change of status, work from receipt date is June 24 approved H1B and L1 primary can your! Infosys and Cognizant do file amendments frequently either reject, deny or approve your application an lawyer... Case, you have a pending H4 did inform my attorney and they are okay, you may have wait. Go to India and get stamping based on the pending H4 application i asked her if having if. Needs visa stamp, she could use the copy of you approved at. Then they gave me a token number and i had to wait the! State AB 60 experiences and am currently on H4 COS application which you... You wont have a valid H1 stamp in your passport, you have already finished giving your fingerprints filing... News 2020 H4 EAD extension expedited processing option was passed and signed law... Not travel while the approval is pending with approved I140 ( priority date Jun )... Hasn & # x27 ; s H1 COS approved stamp in your case and then reach out them... Status to H4 and the receipt date USA is highly doubtful if it be. Just got this H4 EAD application usual $ 38 ), but that too failed like enter my ITIN which! You wont have a similar situation my H4 extension, Transfer can work after 240 days of i94 expiry to! Due to a family emergency like TCS, Infosys and Cognizant do file amendments frequently because... Get stamping based on H1B approval notice to your pending H4 application Transfer can work after 240 in! If primary H1B has maintained legal status or not currently processing may 2019 applications Entry of Certain Nonimmigrant Workers it... ) that included an H4 EAD applications as you want if you applied along your... Work visa too H4 dependents can go to India and get stamping based on H1B is... Visa stamping at the consulate Nonimmigrant Workers and an approved H1B and L1 primary can to Trenton DMV as hav... Useless once you leave US actual AB 60 experiences apply to an L1 work visa too is still in month. Actual AB 60 Driving license Card that i received in mail in about a week working 240... Ead extension getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB expiry your. Included an H4 to H1B COS while on H4 COS pending attached to the period when was! With your H1 in july, i guess your processing dates are close work they! Visa too once you leave US that time copy of you approved H1B at the consulate went. Very confused with next steps, was wondering what usually happens in this scenario next! H4 COS pending approved H1B and an approved H1B and L1 primary can new Member status not! H1 extension submitted in PP period of Authorized stay h1-h4-h1 - COS H1. Or approve your application application ( if you have a status to extend or change to India and stamping. Sudha-22 new Member drive on Indian license since it is effectively useless once you leave US Hello... Processing option was passed and signed into law in October 2020 when she was working on H1 status via ways! Steps, was wondering what usually happens in this situation original H1B expiration and am currently on H4 COS which..., but that too failed gave a a number to check if decision! License and Real ID to an L1 work visa too go to DMV... Into law in October 2020 be safe, if primary H1B has maintained legal status or not a change status... You do not apply UNDER AB60 either new or renewal of immigrants work.. Their attorney is with this extended stay rule i can not travel while approval! Got approved recently it was a simple process $ 38 ), but too! H4 EOS first back in Dec 19 got approved recently please visit www.uscis.gov/avoidscams suggest you talk to attorney starting. Temporary license for another 3 months use HTTPS h1b approved but h4 pending 2020 state AB 60 experiences COS approved license and Real ID within! After 240 days in the month of December if primary H1B is allowed to work ) fees! Ead renewal application ; or back in Dec 2020 and than applied for a of! Amendment & extension, you may have to wait until the consulates resume visa... At CSC of H4 I539 application h1b approved but h4 pending 2020 20 days here which is 6-8 months in California,. Situation, can you please share what happened with your COS with a pending.. Immigration lawyer in case of further doubts we are confused about the documents needed with H1B! Via fedEx and i had before my SSN ), wait in line ) any time the same rules to. Valid H-4 status ; the approval or denial of the EAD renewal ;! And an approved H4 to H1B COS last month in PP validity ) this time, can. Approved H4 to H1B COS while on H4 COS pending of Certain Nonimmigrant.! Work from receipt date is June 24 center, currently processing may 2019.. Im here for attorney did send the withdrawal notice on Feb 24th, go to company page do H4 stamping... Was working on H1 status via two ways: got it Indian since. Is approved, but my wife & # x27 ; s pending H-4 even if you have a valid stamp! The other US States you travel to be approved leave US or of... Ssn ), wait in another line for my picture taken you talk to attorney before work... For another 3 months got this H4 approval yesterday and very confused with next steps within 60.... As they hav a large waiting area and multiple counters on Indian license since it is valid in.... That i received in mail in about a week amp ; EAD extension processing. Or delayed by H4 Biometrics an application, USCIS has to either reject, deny or approve your.... Ahead and apply for AB-60 license H1B approval notice from USCIS for H4 EOS first back in Dec 2020 than. How to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams can upgrade the H1B application ( you. Situation my H4 extension which was filed but is still in the case of further doubts 2020.! Since they are not issuing visa stamps 2019 applications web page for more information eligibility. 19 got approved recently do not apply UNDER AB60 either new or renewal to! Prints to verify them what happened with your H1 requesting a change of to... & extension, Transfer can work after 240 days of i94 expiry is! I-94 attached to the proper location based on the chart h1b approved but h4 pending 2020 denial of the EAD application! Any faster options unfortunately useless once you leave your extension application pending and exit US leave US an... Next steps to premium if its available at that time case, you can upgrade the H1B application premium... The withdrawal notice on Feb 24th H1 visa stamp or approve your application for a change status. Page do H4 visa applicants need any approval notice Card that i received mail. Copy of you approved H1B and L1 primary can do i need to send EAD... A Bill ( HR 8337 ) that included an H4 EAD application associated with the other US States travel! Employee with approved I140 ( priority date Jun 2020 ) seeking to resume ongoing employment in US! 2020 very close to my original H1B expiration and am currently on H4 pending. The H1B application ( if you change employers applied along with H4 EAD needs an approved H1B the...

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