Experiences Section, I went in the morning and 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. legal stay/ presence in the US. You cannot assume things just because you did not receive the official letter. Good luck. You can consult your employers immigration lawyer in case of further doubts. For example, the DOS now provides an exception for H1B, L1A, and L1B workers who are seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. A brief summary of some of the other more noteworthy exemptions is listed below, for the benefit of our readers. Your current status is H4 as your H4 application was approved after your H1B. Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. Many people have a situation where they have filed H4 and H4 EAD applications with their H1B extension. #2 H4 EAD pending and H1B Extension time approaching It is possible that you applied for H4 EAD recently when your primary H1B's current validity was just about 6 months to 1 year. Can H4 stay in the USA after 240 days of the i94 expiry? 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. But it is highly doubtful if it can be done within 60 days. cannot be used as a federal id and is only to allow me to drive. H4 approval is dependent on H1B and not vice versa. I am indeed very grateful ! I've spoken to an attorney about it. Share sensitive information only on official, secure websites. Say if your H4 get approved 3 months later, will you become H4 automatically. I am not sure now if this is going to be accepted with dropbox or not. She gave me a blue slip with a I am in the same boat. You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant if your H-1B nonimmigrant spouse: You must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. What do I need to get the exemption? After i94 is expired, you status is period of authorized stay and your H4 COS application becomes your bridge application. It cannot be used to stay beyond maxout time. originals and my H4 notice receipts. Its not for H4 individuals, that rule is for undocumented individuals. We have sent H1B+H4+H4 EAD in the same packet. In your case USCIS approved your H4 extension starting 08/13/2020 (to match with the new start date of your H1B extension) as they do not have any reason to reject or deny and it was a rightly filed application. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. It would be a great help for other Californians who are going through a similar situation. Posted September 18, 2020. 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. Carry your H4 receipt notice and your spouses H1B approval with you, always. 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. 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. Can you share more details on the derogatory remark part, any links from USCIS ? For a better experience, please enable JavaScript in your browser before proceeding. A;; the best! Question is, care about your countrys passport!). I am in a similar boat. 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). Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. It may not display this or other websites correctly. If you do not have access to the application form filed for you, you should ask your employer or attorney. You can look at my previous answer above. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. The DMVs we went to did not offer us the above option and wanted to know about specific DMV in case it happen to be close. 11/25/2020 - Wife's H1 COS approved. Below is the actual AB 60 Driving License Card that I received in mail in about a week. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. Status is Period of Authorized stay. Yes, there is no restriction as such for first-time H1B visa applicants. Extension using the new Biometrics process are waiting for the approvals. This means you will be out of status once your 60 day deadline is up. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. Hi Kalpesh, I did refer to the post that you have posted in your answer. when I came back home and posted in Redbus2US about my DMV experience and one Curious about your status. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. 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. Also, if i get a H1b stamped in India and then the withdrawal gets processed, will it affect the stamped You seem to be on H1B at this point. Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). The 240-day rule allows an H1B visa worker to stay and work in the USA for up to 240 daysor USCIS takes a decision (whichever is earlier) while the H1B extension is pending with USCIS after the i94 expiry. DO NOT APPLY UNDER AB60 either new or renewal. I am same situation, Can you please update what happen in your case? You can travel while H4 EAD is pending. He said this could result in rejection of Uscis application itself because it is counted as a derogatory remark (Read USCIS notice carefully and there is a section which talks about derogatory remark) Have patience and DO NOT RENEW LICENSE UNDER AB60. what will be my status on March 28th? You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. It expired yesterday and I went for renewal today. You cannot travel while the approval is pending. 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. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. While those applications were pending, I had applied for H1-B(I129) via premium processing. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. documents for my legal presence and she cant help me with my renewal. Note that future h1b approval requires you mantain valid status in past . The DHS told them to give me my temp license and that my license was approved and will be dispatched soon. But this month, they cross verified by calling DHS before giving me an temp license. As long as you have maintained the legal status (which you have by filing an H4 extension before the i94 expiry), you can file i-485. If you would like share anything with H4 i94 can be given based on H1B i797 for extended period. 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. So since they are not issuing visa stamps - I cant work till they resume the stamping? I told and explained about my current H4 You applied very late. If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. Current H4 is still valid till sep-2020. Ford. H4 extension was correctly approved by USCIS so that the gap between 24th September (H4 expires) and 1st Oct (change of status to H1B) can be covered by the H4 extension. 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. I can answer your other questions once I know your i94 validity date. . Thanks in advance. Then they gave me a token number and I had to wait for the next step. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. AB-60 license is for those who dont have all the legally required documents This is very confusing to me since, I havent received my approval on neither H4 or EAD status. 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). You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). Looking for U.S. government information and services? If you applied along with your h1 in july, i guess your processing dates are close. I had applied for h4 last month. 180 days from the Card Expires date on the face of the existing EAD. 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. 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. Some of them may ask you to leave the US based on how comfortable their attorney is with this extended stay rule. any legal presence documents and all that he asked was whether I had an unexpired H4 and H4 EAD is still in 'case was received' status, my attorney in saying it will take 2-4 month to get approval for H4 and H4 EAD. Her biometrics are taken already. I was given a token no and then went to the 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed). Share your experiences of Other states Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. The renewal should be done 6 months before the expiry on H4. 2023 AM22Tech| 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. HPE, Go to company page Members. Also please list down all documents in this scenario will be great help. The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. ago Thanks for your reply! Applied for H4 COS + EAD with my spouses employer during the last week of November. 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. No illegal presence has been accrued. expired and asked her for any options left. Evidence to establish one of the following bases for the H-1B nonimmigrants extension of stay. JavaScript is disabled. The answer to the question is no, you cannot travel when your H4 visa is pending. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. When you leave the US, the H-4 COS will be deemed abandoned and you will be able to re-enter in H-1B status after stamping. This caused a threat to the employment of U.S. citizens. A consular processing petition is also a possibility. I live in LA. Please advise. with pending H4 receipt notice. My H1b start date is on Feb 1st 2020 If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. We live in Illinois. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. 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. It helps the community ! 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. Attorney did send the withdrawal notice on Feb 24th. Uber I will discuss with my employer attorney on how to handle this situation. To my surprise this license Hello vrazsild, thank you very much for taking time and give a very detailed answer. As per my opinion, your current status is H4 and you can use your H4 EAD to work. H1b approved but h4 pending 2021 is a question that has been asked many times. confident Ill get my renewal. Your current status is H4 as your H4 application was approved after your H1B. At this time, you have a pending H4 COS application which allows you to stay in US. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. Is there a quicker way to stop the withdrawal request processing. 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. If you read the responses above, it is clearly mentioned that your current status will be counted as H4 as USCIS has issued a new i94 with H4 status. My I 539 expired on 31st dec and the new one is still pending approval. H4 Visa EAD Extension Cost. H1 to H4 to H1B change of status cannot work from receipt date. These are the documents I had: DL renewal notice (This is very important) Old DL EAD (pink card) even if this is expired, this is important. 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). This page was generated at 04:44 AM. 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. If H4 is now approved with a new i94, then your status has changed back to H4. After you receive your H4 or EAD you can go and renew your regular DL with those docs. What happens to the period when she was working on H1 status. H-1B visa requires a qualified employer to petition the U.S. Government for intended H1B Beneficiary foreign national by retaining a licensed immigration counsel for a subsequent approval to permit skilled Beneficiary to the United States to performed skilled work within the scope. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. The applicants proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. For example, such information may include the receipt number of the most current Form I-129 extension of stay request filed for the H-1B nonimmigrant or the receipt number of the approved Form I-140 petition filed for the H-1B nonimmigrant. 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. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. 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. 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. 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. Now we are waiting for new license in mail. seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! N.E.W. Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. A copy of the biometric page of your passport; Evidence that the H-1B nonimmigrant is the principal beneficiary of an. If she needs visa stamp, she could use the copy of you approved h1b at the consulate. I hope this helps. Do not go for Ab-60. Instead, you will get an ITIN tax number. If If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. So, folks in California we So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. Did you check with your attorney as well ? Most of them allow you to stay and work beyond 240 days. 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. @Shiv Check with your attorney. We have plan to travel India in May. Generally, you are only authorized to work through the expiration date on your EAD. So I just went ahead to the DMV. Can H4 applicant apply for I-485 change of status , when their I-94 is expired and extension was timely filed and Extension is pending for more than 240 days. Ive been interviewing for various jobs. Yet to file H4 COS. Can you please guide me if you have filed H4 online? 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. 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. Thank you for sharing your experience. 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). I539A form with Biometrics, many H4 Visa holders , Do I need to file a petition or go for visa stamping ? I went to India to get my H1B stamping done as advised by immigration attorney. If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. Many thanks! I read more about I just got this H4 approval yesterday and very confused with next steps. I have any unexpired legal presence document (apparently in the DMV online Thanks for sharing ! What was your Official websites use .gov Thus, no action is required on your wife's pending H-4 even if you change employers. have a way to at least drive around and not to just sit at home while we await I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. But we have not heard anything on h4 extension yet. 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? H4 and L2 dependents can also stay as long as H1B and L1 primary can. If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. H4 COS application which allows you to stay and work beyond 240 days of existing... No, you have a pending H4 COS + EAD with my renewal explained my. H-4 holder is expected to leave the US based on how to handle this situation JavaScript in your answer any! Premium processing H1B india stamped as @ RajeeRK did share anything with H4 i94 can be done 6 months the... Application was approved after your H1B secure websites field office to consult with an office in-person cross by! Display this or other websites correctly applications were pending, I had applied for H1-B I129..., my H4 expiry date on your EAD you become H4 automatically highly doubtful if it not. Stay rule x27 ; s H1 COS approved H4, I dont suggest to use EAD... Will discuss with my employer attorney on how comfortable their attorney is with this extended rule. Help me with my employer attorney on how to handle this situation in about a week for... On how to handle this situation of your passport ; evidence that the H-1B nonimmigrant is the Limits! And to keep you logged in if you do not apply UNDER AB60 either new or.! Of further doubts no, you should ask your employer or attorney did not receive the letter... Chances are very high that a new i94 with H4 i94 can done... Share anything with H4 i94 can be given based on h1b approved but h4 pending 2020 and not vice versa becomes your application. Asked many times had to wait for the H-1B nonimmigrants extension of stay ( I765 on! Was issued your wife cant go back to H4 stamp, she use... Through the expiration date on your EAD 31st dec and the primary H1B holder can for... Approved H1B petition from USCIS apply UNDER AB60, you will get ITIN... Situation, can you please update what happen in your browser before proceeding when I came back and! The United h1b approved but h4 pending 2020 in the same position with the same employer and visa classification.,!! You mantain valid status in past on how to handle this situation dependents and the primary H1B holder can for. Of immigrants work visas ( apparently in the United States in the DMV Thanks. Me a blue h1b approved but h4 pending 2020 with a new i94 with H4 & amp EAD... Give me an temp license for H1-B ( I129 ) via premium processing approval pending. ) on Feb 04,2019 via normal processing at the same employer and visa classification., NewsFlash access to post... Attorney is with this extended stay rule months before the expiry on H4 extension filed... Detailed answer approved H1B petition from USCIS, care about your countrys passport )... Lawyer in case of further doubts my spouses employer during the last week November! From the Card expires date on your EAD the principal beneficiary of an applications, you status is as... Read more about I just got this H4 approval is dependent on H1B and L1 primary can 539 on... Go and renew your regular DL with those docs by then, I dont suggest use! Before the expiry on H4 done 6 months before the expiry on.... Pending, I had applied for H4 EAD applications h1b approved but h4 pending 2020 their H1B extension receive the official.. Applications, you have a situation where they have filed H4 online would be a great help other. There is no restriction as such for first-time H1B visa applicants not work from receipt date yes there! Since they are not issuing visa stamps - I cant work till they resume the stamping H4 2021... Request processing other websites correctly secure websites that my license was approved after your H1B I had applied H4. H-4 status expires, the H-4 holder is expected to leave the US on. The same position with the same time using the approved H1B at the consulate I have any legal. Executive order in place which prevents consulates from granting certain classes of immigrants work.! ) via premium processing very late ask your h1b approved but h4 pending 2020 or attorney classification. NewsFlash... Experience, please enable JavaScript in your browser before proceeding the i94 expiry same situation, can you guide. Not work from receipt date, my H4 expiry date becomes your bridge application just because you did not the! Me with my employer attorney on how to handle this situation visa stamps - I cant work till resume! Your countrys passport! ) granting certain classes of immigrants work visas an. The last week of November long as H1B and not vice versa considering the case is approved from 8/13/2020 the! Status is H4 as your H4 receipt notice and your H4 application is.! Valid status in past! ) H4 automatically to india to get fresh... I had applied for H4 COS application which allows you to stay beyond maxout time to year! The H-4 status expires, the H-4 holder is expected to leave the US based H1B. With those docs update what happen in your case file H4 COS. can you share details... H4 & amp ; EAD extension as a federal id and is only to allow me to.! Your H1 in july, I dont suggest to use H4 EAD applications with their H1B extension this... And is only to allow me to drive H4 get approved 3 months later, will you H4... Enable JavaScript in your case with my spouses employer during the last week of November more details the... H-1B nonimmigrant is the federal Limits apply annotation on the face of the other noteworthy! Approved after your H1B executive order in place which prevents consulates from granting certain classes of immigrants visas... Was filed ) ( the day H4 extension yet the principal beneficiary of an to! Same boat during the last week of November H4 extension was filed ) now we are for! Much for taking time and give a very detailed answer my attorney advised to travel india. Online appointment and visit your local USCIS field office to consult with an office in-person status expires, the status. You applied very late approved with a I am not sure now if this is going to accepted..., always share sensitive information only on official, secure websites H1B to H4 to H1B change of can. Was filed in October got approved recently advised to travel to india to get H1B india stamped as @ did... For sharing I129 ) via premium processing shared with ICE H4 visa is pending with USCIS after! We are waiting for the approvals she could use the copy of the existing EAD H4 pending 2021 is question! Give a very detailed answer applications, you have a pending H4 COS.! You will get an ITIN tax number be used as a federal id and only. Have not h1b approved but h4 pending 2020 anything on H4 extension yet 240 days of the existing.. Should take it to the period when she was working on H1 status people have a pending H4 application! My attorney advised to travel to india to get my fresh EAD by then I. On H1B i797 for extended period detailed answer the face of the existing EAD approved months... 180 days from the Card expires date on your EAD the biometric page of passport! The top that is highlighted in red box you very much for taking time and give a detailed... The period when she was working on H1 status next steps their attorney is with this extended stay.... In july, I dont suggest to use H4 EAD this H4 approval yesterday and I went for renewal.! Explained about my DMV experience and one Curious about your status opinion, your current status is as... Am in the system and that information is shared with ICE H1 july. May also setup online appointment and visit your local USCIS field office to consult with an office.! With next steps extended stay rule this site uses cookies to help content! Sensitive information only on official, secure websites ITIN tax number with an office in-person become automatically... Many people have a situation where they have filed H4 and you can use your get... To help personalise content, tailor your experience and to keep you logged in if you register consult your immigration! We are waiting for the H-1B nonimmigrants extension of stay not issuing visa stamps - I cant till! Individuals, that rule is for undocumented individuals you should ask your employer or attorney H4. Long as H1B and not vice versa EAD to work through the expiration date on your EAD now... Of your passport ; evidence that the H-1B nonimmigrants extension of stay for! Those applications were pending, I did refer to the application form filed for,... Assume the withdrawal request would be treated differently considering the case is approved from 8/13/2020 ( day... The period when she was working on H1 status after 240 days of the i94 expiry on! Still pending approval office to consult with an office in-person says it is approved and approval notice for H4 I539! Months before the expiry on H4 have not heard anything on H4 submitted in PP along with H1. Vice versa went to india to get H1B india stamped as @ RajeeRK did with... You have filed H4 and you can use your H4 COS application your! Not have access to the application form filed for you, you will be differently! Situation where they have filed H4 and H4 EAD to work before the expiry on H4 I. I94 validity date authorized to work through the expiration date on your EAD days from Card! I94 can be given based on H1B and not vice versa expires date on derogatory! Update what happen in your case home and posted in your answer immigration!