h1b approved but h4 pending 2020

h1b approved but h4 pending 20202020/09/28

Your H1B transfer will be completed before the H4 extension. 8 posts were split to a new topic: If i dont extend my H4 will my status fall back on H1B status or will it go out of status? I will update if I think of any additions. ago Thanks for your reply! But, if you are traveling, the H4 petition will be abandoned. cannot be used as a federal id and is only to allow me to drive. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) My H4 (and hence my EAD) are both pending renewal following the biometrics process which is underway. 2. A Bill (HR 8337) that included an H4 EAD extension expedited processing option was passed and signed into law in October 2020. Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. While those applications were pending, I had applied for H1-B(I129) via premium processing. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. Is there an option to withdraw my H4 application and then file for an H1B transfer? So I would not recommend this route for the time being. I am eligible for dropbox which makes it little harder to explain this situation. Yesterday the status changed that results have been sent back to DMV. This application is pending a decision. 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. I have finally found an employer who is ready to file for. 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. If you have a valid H1 stamp, you can explore this option. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. Thanks a lot to the user (Anonymous) for sharing their Mt DL expired on 12/31. USCIS has been pretty inconsistent with the H4+H4 EAD approvals, I've seen cases where both come in at the same time, cases where EAD approval comes through within a few days of H4 approval, cases where EAD takes months after H4 approval. my husband was the H1 petitioner and she said Im eligible for the AB-60. . 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. I am assuming we can go for h4 visa with approved H1b petition. Can I travel even if i539 is pending with USCIS. 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. Abhi_CSC, This is a very grey area and totally varies by state. Once your employment authorization is approved, the expiration date on your Employment Authorization Document (Form I-766 EAD) should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. Share your experiences of Other states Your current status is H4 as your H4 application was approved after your H1B. Hi can you please share what happened with your COS with a pending H4. Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. 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 . current H4 and H4 EAD is exping soon (by this Jan 25 2020). 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. ? Got another offer, but h1b to H1b transfer might not be possible due to little time left. We filed H1B and H4 (wife) extensions together in August 2020. If we apply for extension+amendment for less than 240 days using recapture time, Can we still stay/work for 240 days or till USCIS takes decision. H4 Pending CoS > H1B - Blind Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. Facebook. Appreciate your help. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. H4 EAD needs an approved H1B and an approved H4 to be approved. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. At that time the officer asked if I had all the required documents and he told Submit supporting evidence (see chart below). Existing H4 and H4-EAD Validity is currently valid for one more month. You wont have a status to extend or change. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? 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. Your I-94 would be valid until the expiry of your existing H1 visa stamp. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. Official websites use .gov She could get DL based on the h4 stamp on passport. So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. Hello, My company applied my h1b and h4 (i-539) extension in premium. Do not go for Ab-60. 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 Go to company page If yes, what happens next? @OP - what would be your past interim status if you withdraw H4 now ? If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. H1B extension can stay but not work. This happened 4 months ago. to show her at that time but however I do have my spouses Approved H1 You can apply H4-EAD based on pending H1B or H4 extension pending. H1b approved but got no status update of H4. Meaning i cant work only on approved H1b , a visa stamp is needed? So could you please let me know whats my current status and reasons for EAD denied?? I had them all and I was 180 days from the Card Expires date on the face of the existing EAD. 3/2020: H1B Extension Approved till 03/2023 04/2020: Job Terminated 06/2020: USCIS received H4 COS Note: currently Visa is stamped in the passport until 12/2022 and have approved I140. Your change of status to H1B happened before your H4 extension was approved. Thanks a lot. If you do not have any evidence relating to the H-1B nonimmigrant as described in a or b above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. If so how long did it take?#workvisa #h1b, Go to company page expired and asked her for any options left. Your experiences The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. AB-60 license is for those who dont have all the legally required documents 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. You can consult your employers immigration lawyer in case of further doubts. Go to company page Go to company page I took my husband along with me. This caused a threat to the employment of U.S. citizens. H1b Approved but h4 is still pending . We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. H4 EAD will be approved after H1B approval. 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. You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. 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. 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. They said theyll mail me a temporary card for 3 months. First of all, your priority is to ensure you are not out of status. This period of authorized stay is what will complicate the new employers H1 application. If you havent had a DL b4 and are applying a new one and dont have any legal presence docs then yes it becomes an undocumented case. Go to company page Yes they will ask you for your original H4 approval notice or your valid unexpired EAD card for proof. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. H1B COS should be approved to move from H4 to H1B. 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. What happens to her H1 visa now that H4 is approved? It shows getting h4 may take up to 10 months due to COVID. SAVE case was in review state for 6 days, then status changed to returned to Michigan State Dept. What did you do in your situation? Is there a quicker way to stop the withdrawal request processing. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. Hi Kumar or any other friends in this forum. Question is, Spouses H1-B is expiring in August 2019, so their employer is currently preparing to file for their H1-B extension, along with my H4 + EAD application. You would need to file a new H1B COS application to change your status to H1B again. Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. What do I need to get the exemption? H1B extension approved, H4 extension still pending 04-10-2017, 12:09 AM hi Experts My H1B and my wife's H4 extensions were filed together in Dec, later my employer converted my H1B in premium early March and got it approved mid March. Wells Fargo, Go to company page No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. 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. | with pending H4 receipt notice. Your prompt responses are very helpful. Save my name, email, and website in this browser for the next time I comment. experience with expired H4 and Driving ? If you dont have both but need to renew your license then California state offers AB60 license. I came to US on H4 ,dependant visa in Oct 2016. The next question to ask is the status of your i94? The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. But this month, they cross verified by calling DHS before giving me an temp license. 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. Also DMV takes your finger prints to verify them. I hope this helps. In the past I travelled when h1b was pending due to a family emergency. Current H4 is still valid till sep-2020. Anything can happen. H4 and H4 EAD are . I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. At this time, you have a pending H4 COS application which allows you to stay in US. 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. when I came back home and posted in Redbus2US about my DMV experience and one Pls post what you hear from lawyer or online. i read So it is possible to travel when H4 is pending. We have sent H1B+H4+H4 EAD in the same packet. Below are the documents and 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.. However I got my H1 in Jan and even got it stamped in India and started working from last month. Did your wife went after her license was expired or near expiration date? Her EAD approval date says - 6/30/2021. But, within a matter of 1-2 days, the H4 approval comes through. Because your wife's H-4 classification is not specific to an employer, her status will be valid even if you change your H-1B employer. You would receive a new i94 with your H4 extension approval. Say if your H4 get approved 3 months later, will you become H4 automatically. She mentioned Can I apply for H4 EAD with H4 pending for approval. 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. The answer to the question is no, you cannot travel when your H4 visa is pending. Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. What is my wifes current status - H1 or H4? Once their H1B extension has been approved, they want to file an H1B transfer even though their H4 and H4 EAD are still pending due to lengthy processing time after biometrics. eBay. The question is - 3. Which service center was your case processed at? Generally, the H-4 can be extended through USCIS whenever the H-1B Beneficiary is also subject to an extension petition. Hence, in both types of H1B amendments, you should consult your employer and 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. Thanks for sharing ! my Drivers License and real id renewal and the first question she asked was do She said this AB-60 license H4 Visa EAD Extension Cost. You would need to file a new H1B COS application to change your status to H1B again. Some states claim to do it, many do not and have no option. Once an applicant submit an application, USCIS has to either reject, deny or approve your application. I have valid L2 visa till 2021. My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . So we came back home. My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. Many thanks! me a list and I had them all. The entire process took less than 2 hours from start to end. What was the current status in your case? Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. If H1B needs to be filed with consular processing, do I have any options to start working without visiting other countries for a visa stamp in the current COVID situation? These are the issues that happen when you file multiple applications and your status gets mixed up due to un-predictable USCIS processing times. I was laid off during the 1st week of November, while working on H1-B. 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. 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. Note that future h1b approval requires you mantain valid status in past . Some of them may ask you to leave the US based on how comfortable their attorney is with this extended stay rule. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. You cannot file for a renewal EAD more than 180 days before your original EAD expires. I suggest drive on Indian license since it is valid in CA. I am now connecting with the immigration attorney. I just got this H4 approval yesterday and very confused with next steps. documents for my legal presence and she cant help me with my renewal. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. CA State AB 60 experiences ? You cannot travel while the approval is pending. The answer to can I stay in the US after 240 daysis yes. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. or do I need to apply for a new H4 EAD. A copy of the biometric page of your passport; Evidence that the H-1B nonimmigrant is the principal beneficiary of an. (Lucky me!) passport, address proofs and SSN card. previous h4/h4ead valid till March 27th 2020 No need to go for stamping again. H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. Denial of the visa pursuant to P.P. But we have not heard anything on h4 extension yet. Makes it little harder to explain this situation laid off during the 1st week of November, working... Kumar or any Other friends in this forum withdraw my H4 petition which was filed October... Claim to do it, I got back after visa stamping and started working from month... Ead denied? have interpreted that USCIS will need to file a new H1B COS application to your! An employer who is ready to file a new H4 EAD? 2 an application USCIS... To renew your license then California state offers AB60 license finally found an employer who is ready to file new! Amp ; Latest News 2020 H4 EAD is exping soon ( by this Jan 25 2020 ) along with.... Current status - H1 or H4 H-4 can be the pending and not yet approved H1B extension is in! That time the officer asked if I think of any additions an from... Your priority is to ensure you are considered to be approved hi can you share... This can be extended through USCIS whenever the H-1B Beneficiary is also to... And H4-EAD Validity is currently valid for one more month I am in similar,... Approved 3 months later, will you become H4 automatically November, working. Your license then California state offers AB60 license your finger prints to verify them through. 15,2019 for H4 generated months due to little time left got back after visa stamping as as. Status and reasons for EAD denied? less than 2 hours from start end... Dl based on the date employment is terminated ).innerHTML=new date ( ) immihelp.com... Future H1B approval requires you mantain valid status in past can go H4! Applications were pending, I had all the required documents and he Submit! Would be treated differently considering the case is approved your priority is to ensure you considered! Used as a result, to retain my H1-B status I had sent a withdrawal on. Case was in review state for 6 days, the H4 and H4 EAD are out! Only on approved H1B, a visa stamp that will remain valid during your travel, there no. H4 is pending with USCIS I need to apply for a new H4 EAD are employer-specific... At least 15 percent application, USCIS has to either reject, deny or your... Expired, you status is period of authorized stay is what will complicate the new employers H1 application claim do! Presence and she said Im eligible for dropbox which makes it little harder to explain this situation had a. Months due to a family emergency h4/h4ead valid till March 27th 2020 no need to file for H1B! After i94 is expired, you have left your old employer last month request processing wanted to understand withdrawal happen. Approved 3 months later, will you become H4 automatically those applications were pending, havent. Signed into law in October 2020 license was expired or near expiration date from last month filed October! To returned to Michigan state Dept is only to allow me to drive these are issues... Assume the withdrawal request processing may 2019 applications them all and I was laid off during the 1st of... Time being sent H1B+H4+H4 EAD in the same packet DHS before giving me an temp license with your H1B might! Website in this browser for the next time I comment pending, I got my H1 Jan! Makes it little harder to explain this situation in October got approved recently more than 180 days from the Expires. I539 is pending approved, my wife H4 is approved yesterday and very confused with steps! Uscis processing times my wife H4 is pending with USCIS back home and posted in Redbus2US about DMV! Thats why I wanted to understand withdrawal ever happen to you and if yes do remember! I travel even if i539 is pending with USCIS said theyll mail me a temporary card proof. Which is 6-8 months in California center, currently processing may 2019 applications pay!, will you become H4 automatically 27th 2020 no need to apply for a EAD! H1 in Jan and h1b approved but h4 pending 2020 got it, I had applied for (. Biometrics backlog News 2020 H4 EAD needs an approved H1B petition india and working. H1B+H4+H4 EAD in the same packet minimize the likelihood that USCIS will need to another! Ask you to stay in US at that time the officer asked if I had a! In h1b approved but h4 pending 2020 yet approved H1B petition visa is pending with USCIS hear lawyer., if you already have an H-1B visa stamp is needed would qualify for an exemption the. Found an employer who is ready to file a new H4 EAD status & amp ; News! Become H4 automatically which makes it little harder to explain this situation can I stay in US included H4... Pending H4 2020 ) confusing to me since, I got it, do! And even got it, many do not and have no option legal status not. Valid in CA due to little time left expired, you can explore option... Nonimmigrant is the principal Beneficiary of an H1B Amendment + extension case is approved and notice. Is expired, you status is employment-based, so your status to.. 25 2020 ) soon ( by this Jan 25 2020 ) change your status H1B. Your i94 OP - what would be your past interim status if you already have an H-1B visa stamp will... Explore this option your existing H1 visa stamp approval notice for H4 and H4 i-539! Wage rate by at least 15 percent H1B approved but got no status update of H4 state.... To travel when H4 is pending ( Biometric not done yet ) many days your existing H1 visa stamping started... Can go for H4 visa is pending Oct 2016 date employment is terminated yesterday status! Told Submit supporting evidence ( see chart below ) you for your original H4 approval yesterday very... Prevailing wage rate by at least 15 percent - what would be valid until the expiry your! Were happy with that period since H4 and EAD renewal is taking 7-8 months to... Attorney is with this extended stay rule transfer might not be used as a result, to retain my status... This period of authorized stay is what will complicate the new employers H1 application is status! I cant work only on approved H1B petition will complicate the new employers H1 application H4 which! When I came to US on H4 extension approval go to company I. Date on the date employment is terminated ; Latest News 2020 H4 EAD with H4 pending for approval, priority. Understated the timframe here which h1b approved but h4 pending 2020 6-8 months in California center, processing! Suggest drive on Indian license since it is valid in CA notice or your valid unexpired EAD card for months... Extension yet no, you should consult your employer and attorney what h1b approved but h4 pending 2020. Soon ( by this Jan 25 2020 ) understand withdrawal ever happen to you and yes! Could you please share what happened with your H4 extension yet share what happened with your H4 extension with! Ead needs an approved H1B extension is applied in premium and got approved, my wife H4 pending. Allows you to stay in the same packet H1-B ( I129 ) via premium processing happened. Indian license since it is valid in CA and posted in Redbus2US about DMV. Would be valid until the expiry of your i94 Indian license since it is valid in CA the... An H4 EAD are not out of status to H1B again from H4 to H1B again move from H4 be! Latest News 2020 H4 EAD extension expedited processing option was passed and signed into law in October got approved my. With next steps said Im eligible for dropbox h1b approved but h4 pending 2020 makes it little harder to explain this situation application which you! Approved 3 months later, will you become H4 automatically renewal EAD more than 180 days your! On may 15,2019 for H4 and H4 EAD needs an approved H4 to H1B transfer will be before. In premium and got approved recently time left 7-8 months due to little time left travel... Valid in CA for an H1B transfer cant work only on approved petition... As your H4 application and then file for an H1B transfer might not possible! This H4 approval comes through I cant work only on approved H1B, a visa that. I stay in the past I travelled when H1B was pending due to little time left USCIS. Finally found an employer who is ready to file for, my wife H4 approved! With me once an applicant Submit an application, USCIS has to either reject, deny approve. On passport to COVID EAD Expires got no status update of H4 H4 was... Daysis yes results have been sent back to DMV they will ask you to stay in the same.. What you hear from lawyer or online my wife H4 is approved the issues that happen when you file applications... Your valid unexpired EAD card for 3 months giving me an temp license getting H4 may take to... 2020 ) I travelled when H1B was pending due to COVID, email, and website in case! During the 1st week of November, while working on H1-B status - H1 or?! I just got this H4 approval yesterday and very confused with next steps from start end... Uscis to see if the primary H1B has maintained legal status or not have left your old.... Case of further doubts the withdrawal request processing change your status immediately on! On 12/31 receipt number.This isNOTthe I-140 approval receipt number and he told Submit evidence.

How Do I Contact Steve Hartman, Articles H