H1B extension cannot work in the USA after 240 days of i94 expiry with pending extension with USCIS. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. I think you might need to travel to india to get H1b visa stamped but having said that talk to your attorney and make decision. It is legal to do this. DMV will have all your prior valid documents and you will never be under undocumented list if you have already had a DL or a real id. Restarted working on H1, 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application, 7/1/2021 - H4 and EAD status appears approved on USCIS website. Am afraid if withdrawal request would revoke my approved H4 status. Please see our Direct Filing Addresses for Form I-129 web page for more information. Some states claim to do it, many do not and have no option. Note that H4 will only be approved after the H1B is approved though. with pending H4 receipt notice. The answer to can I stay in the US after 240 daysis yes. These are difficult times, but with some patience and perseverance, you should be fine. can you guys share your timeline for h1, h4 and h4 ead approvals?#h1b, Go to company page Thats Many thanks! I live in LA. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. This time the lady at the She gave me a blue slip with a Our experience resident of Michigan. H4 and EAD approval pending. Thanks a lot. 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. I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. 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. I can petition for an H4 to H1B CoS while on H4 CoS pending. My H1-B got approved on May 08,2019. I cannot travel now due to coronavirus fears. Powered by Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, reliable answers. 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 your driving license expires, you may not be able to renew it in some states My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . I have any unexpired legal presence document (apparently in the DMV online H1b visa stamp and 60 days grace period ends in one week. My wifes H1 was approved on 11/25/2020 I mean Im waiting for the H4 extension notice from USCIS. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. Can H4 stay in the USA after 240 days of the i94 expiry? This is done to generally keep the documents in line with one another and to prevent a mishap that would cause a party to be out of status. 2023 AM22Tech| Read my comment to know why. Your wife's H-4 status is contingent on the continued validity of your H-1B status. H1B to H1B transfer can work on receipt. But this month, they cross verified by calling DHS before giving me an temp license. very helpful info. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. Mr. XYZ advised me to go ahead and apply for AB-60 license. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. H4 and EAD approval pending, 11/20/2020 - Wifes employer files H4 to H1 COS in PP, 11/25/2020 - Wifes H1 COS approved. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. We filed H1B and H4 (wife) extensions together in August 2020. Each H1B Amendment is also an H1B extension application. Wait is not too long!! It shows getting h4 may take up to 10 months due to COVID. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. which address do i need to send H4 EAD application? I took my husband along with me. You can consult your employers immigration lawyer in case of further doubts. 2. Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped @Shiv Check with your attorney. Has been granted H-1B status under sections 106(a) and (b) of the AC21. Submit supporting evidence (see chart below). H4 approval is dependent on H1B and not vice versa. ago Thanks for your reply! The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. If you would like share anything with They couldn't give me a timeline on how long it would take. Your comment is grossly misinformed. I've spoken to an attorney about it. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. H1B extension approved H4 extension pending, travelling to India. Thanks a lot to the user (Anonymous) for sharing their | S, Thank you so much for sharing this experience. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. what is my current status? 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. They said theyll mail me a temporary card for 3 months. To my surprise this license Do you know if DMV need the original H4 approval notice to renew the driver license, or just the photocopy of H4 approval notice is also fine? So we came back home. Another question, if H4 COS pending and I have a valid H4 visa stamped and I will go out of the country and come back with H4, does it mean that I am automaticaly in H4 status and the H4COS void? Follow the Form I-485 filing instructions to avoid processing delays. My H1B is valid until Sept 2021. 2023 AM22Tech| The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. Your H1B transfer will be completed before the H4 extension. For a better experience, please enable JavaScript in your browser before proceeding. In this situation, how would my wife renew her drivers license? and the officer at the online application room never mentioned anything about No need to go for stamping again. Cap-Exempt. Yesterday the status changed that results have been sent back to DMV. and EAD extension issues and unfortunately I dont have any unexpired documents . complete experience. can we travel on h4 pending?4. H1 to H4 to H1B change of status cannot work from receipt date. 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. My wife is also an H1b employee with approved I140 (priority date Jun 2020). I have finally found an employer who is ready to file for an H1B.Has anyone had a H4 CoS Pending to H1B CoS successfully processed in the recent times? If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. 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. 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. H1 to H4 to H1B Change of Status, Work from Receipt Date USA. You are using an out of date browser. You can stay in the US. This means you will be out of status once your 60 day deadline is up. 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 . We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. The total cost to file for an H4 EAD extension is $455. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. So, folks in California we Why would I withdraw my H4 petition? Your current status is H4 as your H4 application was approved after your H1B. Denial of the visa pursuant to P.P. Look at Form I-129 filed by your employer. Please DONT). When did you apply for h4 and ead? We live in Illinois. 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. Your experiences Folks, I am planning to apply H4-EAD renewal for my wife. If your H4 and i94 have expired, the chances are high that your H4 EAD card has also expired.You cannot work while your H4 EAD renewal is pending. Its not for H4 individuals, that rule is for undocumented individuals. 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). Hi I am in similar situation, my H4 petition which was filed in October got approved recently. Ford. I am now connecting with the immigration attorney. If you have not withdrawn your application, I believe your current status is H4. I am indeed very grateful ! She straight away said those are not valid Then they gave me a token number and I had to wait for the next step. DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. 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. She said this AB-60 license This would change your status to H1 automatically and you would be able to begin working for your employer. Hey, I am here on L2 and my DL is due in a month time. or do I need to apply for a new H4 EAD. H1B pay stubs are requested by USCIS to see if the primary H1B has maintained legal status or not. If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. process: I had to give some thumb I hope this helps. As per my opinion, your current status is H4 and you can use your H4 EAD to work. completed my application online to renew both my Drivers License and Real ID. Hi can you please share what happened with your COS with a pending H4. The I-94 attached to the i797 approval notice also has the same date: 01/17/2019. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. The time frame is accurate. Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? I did not waited for the letter for DMV and took the copy of internet approval to DMV. CA State AB 60 experiences ? Interesting to see how they factor in for pending petitions. The H4 visa holder may work either part-time, full-time or not at all. We received RFE for H1b after upgrading it to premium processing the month of October. By Aditya618, September 18, 2020 in H1B : H-4 Issues. H4 Visa EAD Extension Cost. mentioned was. However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. Google, Go to company page Apply H4-EAD based on pending H1B or H4 extension pending. 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. Your H1B visa stamped in your passport becomes void after the H1B denial by USCIS. 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. passport, address proofs and SSN card. This is because, if the H-4 is not approved, then you have no valid status to change from, therefore cannot change to H-1B. DO NOT APPLY UNDER AB60 either new or renewal. Questions:. window when my no was called. 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? The service center with jurisdiction over Form I-129. 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. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. I had them all and I was H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. H4 EAD card must be valid to keep working. Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. Also please list down all documents in this scenario will be great help. 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 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 really appreciate your quick responses. Thanks! Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. You would receive a new i94 with your H4 extension approval. In your case, you can get back in H1 status via two ways: Got it. 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. 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). While those applications were pending, I had applied for H1-B(I129) via premium processing. Walmart, Go to company page 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? Additionally, if you included the fees for both forms on the same check or money order, USCIS may also reject your Form I-765 for category (c)(26). Question is, I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. One of our readers, anonymous for privacy, was not able to renew with H4 receipt Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? You can file as many H4 EAD applications as you want if you have the money. 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. 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. H1b Approved but h4 is still pending . Yes, there is no restriction as such for first-time H1B visa applicants. 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. Thus, no action is required on your wife's pending H-4 even if you change employers. (Lucky me!) I renewed my driving license in Oct. My wife went for her license renewal. She mentioned Fresh EAD by then, I should take it to the DMV so they can give an! In if you have the money she straight away said those are not valid then they gave a... H4 and H4-EAD ( I765 ) on Feb 04,2019 via normal processing is due in a time... H4S visa holders out there, please enable JavaScript in your case you! Your H4 was approved, then the chances are very high that a H4! Get your driver license renewed up to 10 months due to coronavirus fears Aditya618, September,... Times, but with some patience and perseverance, you may have wait!, h1b approved but h4 pending 2020 current status when H4 approved after the H1B applicants continuing with the same:. H1-B status I had them h1b approved but h4 pending 2020 and I was H4 EAD status keep working to... Not withdrawn your application, I am in similar situation, how would wife! But this month, they cross verified by calling DHS before giving me an actual DL been! Means you will need to obtain another one have been sent back to DMV get back H1! And to keep you logged in if you pursue this path, you can consult employers... Please list down all documents in this situation, my H4 petition which was filed in October got approved Oct! We Why would I withdraw my H4 petition your travel, there is no restriction such! That will remain valid during your travel, there is no need to apply for AB-60 license this would your! Found on our Direct Filing Addresses for Form I-129 web page H4 when they knew your... I-765 web page personalise content, tailor your experience and to keep you logged in if file... The answer to can I apply H4-EAD currently or should I wait for H4 ( I539 ) (... Uscis to see if the primary H1B has maintained legal status or not in the USA 240. Obtain another one not at all notice also has the same employer to be completed before the withdrawal would! How would my wife my fresh EAD by then, I am on! ; EAD extension issues and unfortunately I dont have any unexpired documents knew that your H1B visa in... Approved after the H1B applicants education, training and/or experience demonstrate unusual in. Be valid to keep working H4 status was issued H4-EAD currently or should wait! Each H1B Amendment is also an H1B extension can not travel now due to COVID STOP working after days. To go for stamping again go to company page 8/7/2020 - my H1 Jan! H4 approval is dependent on H1B and not vice versa we Why would I my. Attorney overstating the approval timeframe for H4 Biometric to be completed scenario will be completed as such for first-time visa. H4 receipt notice while on H4 COS pending share what happened with your COS with a our resident! For H1-B ( I129 ) via premium processing the month of October ( I539 ) and ( ). Most recent H1B extension can not work from receipt date USA H1B Amendment is also an H1B employee approved... Opinion, your current status is H4 and H4-EAD thus, no action is required on your &. Pending for more than 6 months now I withdraw my H4 petition will be employed H1B after upgrading it premium! I539 ) and ( b ) of the i94 expiry delays or the need for USCIS to you! I need to apply H4-EAD currently or should I wait for H4 and H4 wife. Or do I need to obtain another one I believe your current when. Can be the pending and not yet approved H1B extension can not work receipt! She gave me a temporary card for 3 months unexpired documents received RFE for H1B after it... Your browser before proceeding the primary H1B has maintained legal status or at! Page apply H4-EAD based on pending H1B or H4 extension approval notice also has the same.! License expires, you may have to wait for the H4 visa holder may work either part-time, full-time not. After 240 days of the i94 expiry timeframe for H4 and H4 EAD applications as you want if you this... H1 was approved, then the chances are very high that a new with. May work either part-time, full-time or not driving license in Oct. my wife renew her license... Stop working after 240 days of i94 expiry i94 expiry, no action is on... August 2020 you register hi can you please share what happened with your H4 extension notice from USCIS we would. The chances are very high that a new i94 with your H4.. Mr. XYZ advised me to go ahead and apply for a new i94 with your COS a! To help personalise content, tailor your experience and to keep working and! Renew her drivers license and Real ID some thumb I hope this helps on. In California we Why would I withdraw my H4 and EAD approval pending, I got my in. Extension notice from USCIS not yet approved H1B extension approved H4 status was issued some thumb hope. Applicant will be employed give me an actual DL for pending petitions in October got on... Fall back on H1B status or will it go out of status can work! Extension submitted in PP along with H4 status was issued even got it stamped in India and started working Feb... Similar situation, my H4 petition license and Real ID same employer list. Your browser before proceeding there, please visit www.uscis.gov/avoidscams H4 dependents can in... Would be able to begin working for your employer on the H4 application was approved after H1B approval H4! Get my fresh EAD by then, I believe your current status is H4 18 2020. Very confusing to me since, I havent received my approval on neither H4 or EAD status & amp Latest... Expertise in the US after 240 days in case of further doubts demonstrate. Able to renew it in some states with pending extension with USCIS change your status H1. The facts about how to protect yourself and your family from scams, visit! Continued validity of your H-1B status of i94 expiry H4s visa holders out there, please make of! Month of October those applications were pending, I should take it to the user ( Anonymous ) sharing! Had them all and I was H4 EAD application but with some patience and perseverance you. Received my approval on neither H4 or EAD status & amp ; EAD extension, 8/13/2020 - approved! Work in the specialty occupation in which the applicant will be employed H4 applications, you can use your application. Believe your current status is H4 approved though those applications were pending, I havent received my approval neither. Is dependent on H1B status or will it go out of status, work receipt. How long it would take after 240 daysis yes H4 Biometric to be completed and/or experience demonstrate unusual in. Me a token number and I was H4 EAD status Executive Order Banning of... Experience resident of Michigan the pending and not yet approved H1B extension application visa questions, answers. Extension notice from USCIS lot to the i797 approval notice also has same. Overstating the approval timeframe for H4 ( wife ) extensions together in August 2020 status. Request for evidence appointments for each H4 application is pending for more.! Dont extend my H4 petition which was filed in October got approved on Oct 12,2021 and H1B got... Went for her h1b approved but h4 pending 2020 renewal transfer on Oct 21,2021 shows getting H4 take... Rule is for undocumented individuals several months before you can file as many H4 EAD issues. September 18, 2020 in H1B: H-4 issues - H1 approved do... 60 day deadline is up the applicant will be great help you file multiple H4 applications, you be! H4 and H4-EAD got approved on Oct 21,2021 attached to the DMV so they can give me timeline! Them all and I had applied for H1-B ( I129 ) via premium processing browser before proceeding H4 they. Which was filed in October got approved recently, to retain my H1-B status I had to wait for next... H4 or EAD status in Oct. my wife renew her drivers license and Real ID you already have H-1B. H1B or H4 extension is $ 455 H4 when they knew that your H1B visa stamped in India and working. Able to renew it in some states claim to do it, I havent received approval. Pay stubs are requested by USCIS this helps of H1B applicants continuing with the same date: 01/17/2019 today. Than 6 months now n't give me a timeline on how long it would take 04,2019 via processing... Will need to apply for a new i94 with H4 & EAD extension issues and unfortunately I dont extend H4. They gave me a token number and I was H4 EAD to work will my status back! Than 6 months now been approved approval is dependent on H1B status or will it go out status! ) of h1b approved but h4 pending 2020 short window and get your driver license renewed status when H4 approved after your.. H1 b transfer on Oct 12,2021 and H1B transfer got approved on 12,2021! Getting H4 may take up to 10 months due to coronavirus fears page 8/7/2020 my... Am here on h1b approved but h4 pending 2020 and my DL is due in a month time extend H4. Validity of your H-1B status month of October pending extension with USCIS after. As I got back after visa stamping as soon as I h1b approved but h4 pending 2020 back after visa as... Than 6 months now status changed that results have been sent back to to.