wait in line) any time the same day if I wanna apply for the AB-60 license. In your case, you can get back in H1 status via two ways: Got it. This puts you in H1 status and allows you to start working for your employer. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. Got decision for both petition on same day with same notice date. I told and explained about my current H4 What is my wifes current status - H1 or H4? her that it was a complete waste of time that I waited more than 2 hrs for this Thanks for sharing ! Is there an option to withdraw my H4 application and then file for an H1B transfer? If asked during the interview, show the I539 receipt. But it is highly doubtful if it can be done within 60 days. Google, Go to company page Good luck. experience. 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. Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. For example if maxout left for H1B is only 90 days and if we apply for extension+amendment for those 90 days, can we still stay for 240 days or till USCIS takes decision? All times are GMT-5. Like this thread 1 0 . What happens to her H1 visa now that H4 is approved? 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. ? YC, This is awesome ! Also, you never know if USCIS will approve the withdrawal from Feb 24 or the date when they actually process your withdrawal request. Not affiliated with any government agency. DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 An employer has also filed for my H1B COS after the 60 day grace period. Maxout is a different situation where you have exhausted your full 6 year quota. 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. my husband was the H1 petitioner and she said Im eligible for the AB-60. If If this is your first visit, be sure to Just submitted RFE for L1 renewal. Your new employer can apply for an H-1B change of status, but it will be held for adjudication until the H-4 change of status is approved. Thank you raghvi and Vips1982 for your insights. A copy of the H-1B nonimmigrants passports, prior Forms I-94 (Arrival/Departure Record), and current and prior Forms I-797 for Form I-129, Petition for a Nonimmigrant Worker; and. Mine is slightly different case here, I went to renew my DL with one month validity of EAD and application receipt for renewal of EAD. How do you differentiate? Thank you once again stay safe . This caused a threat to the employment of U.S. citizens. Bill (AB) 60 from 2013 of California requires the DMV to issue driving Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or Existing H4 and H4-EAD Validity is currently valid for one more month. Read my comment to know why. Very positive experience. That might result in delays, extra documentation, or even RFE for the H4 extension. 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? They are for people who are undocumented. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. The expired EAD issued under the same category, Category C26. In this case, you can file another H4 EAD application while your current one is still pending. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. Carefully follow these steps to prevent your application from being rejected and returned to you: 1. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. Now we are waiting for new license in mail. My H1-B got approved on May 08,2019. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. H1B extension can stay but not work. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Thanks again. I chose to do an H4 extension through my employer because I was not planning to change my job for at least 4 . What do I need to get the exemption? Hello, My company applied my h1b and h4 (i-539) extension in premium. Will be there any issue in the H1B COS process, since the H4 COS is still pending. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. 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. No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. Thank you guys! Meaning i cant work only on approved H1b , a visa stamp is needed? I've spoken to an attorney about it. 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. Your H-1B status is valid until the end validity date of your most recently issued I-94. 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. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. 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. We still didn't receipt of h4 I539 application after 20 days. Use pending H1B extension receipt number in Q29. You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. Powered by Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, reliable answers. mentioned was. (which they will carry as copy - not original). She said this AB-60 license Do ourselves need to submit previously approved H4 approval letter (from 2019) for she? You seem to be on H1B at this point. My I 539 expired on 31st dec and the new one is still pending approval. 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). What happens when you travel out of USA while your H4, H4 EAD is pending. Thanks Supriya for quick response. I wish I had good news for you but the situation is complicated as you may have already found out. Note that future h1b approval requires you mantain valid status in past . Appreciate you sharing the information. It may not display this or other websites correctly. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. Do i still need to mail the documents even if filed online? H1b Approved but h4 is still pending . I was given a token no and then went to the Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. 0 found this answer helpful | 0 lawyers agree Disclaimer: This was my experience today in a particular DMV in California. 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. H1B to H1B transfer can work on receipt. This application is pending a decision. In this case, your current H4 EAD application may be pending while its time to file for H1B and H4 extensions. You would receive a new i94 with your H4 extension approval. It is possible that you applied for H4 EAD recently when your primary H1Bs current validity was just about 6 months to 1 year. number and offered me to go back find out about it and come back(dont have to with the other US states you travel to be safe, if driving outside of California. H1 to H4 to H1B Change of Status, Work from Receipt Date USA. For a better experience, please enable JavaScript in your browser before proceeding. Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. 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. AB 60 for detail info on how to apply, checklist, etc. AB 60 Driving License option for that. H-1B is approved, however, my wifes H-4 and H-4 EAD are being processed at CSC. They verified all the details and Vioilaaa. You should present your current stamp at the port of entry together with the approval notice for the new petition. At the next counter there was a small vision test and other formalities. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. As of now I have received my H4 official approval notice with i-94 details, it is very likely it has been misplaced according to my lawyer. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). Ive tried searching for prior information on this topic but I found it hard to understand the details. Below is the users I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. In short for a change of status, you need to have an existing status. . You can claim that you sent the withdrawal request on Feb 24 but it is a long process to prove your case if there is a conflict. 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. This would change your status to H1 automatically and you would be able to begin working for your employer. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. Examples of Secondary Evidence. Irrespective of what happens to your pending H4 extension in US, it is effectively useless once you leave US. You can use this app to fill the form, validate all and make sure the form is not rejected or an RFE is sent by USCIS: The complete process to apply for H4-EAD along with the pre-filled I 765 form is available here. I applied for a change of status to H4 and the receipt date is June 24. Walmart, Go to company page It's been several months since the petition was filed but is still in the same state. I went to India to get my H1B stamping done as advised by immigration attorney. A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or, A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay. She straight away said those are not valid when I came back home and posted in Redbus2US about my DMV experience and one Contact Us, apply for H4-EAD along with the pre-filled I 765 form is available here, Biometric appointments for each H4 application, USCIS address where both H4 and H4 EAD should be sent. 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. 2. Note that H4 will only be approved after the H1B is approved though. What do you mean by Application and then petition? So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. I did speak to DMV officers and because you use your old DL and the records show that you are legally present with a pending petition, its not a big problem. 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. Her biometrics are taken already. If yes, can it be a standard H1B transfer or do they need to file for a consular H1B with a change of status application? H4 Visa EAD Extension Cost. H4 and L2 dependents can also stay as long as H1B and L1 primary can. Can I travel even if i539 is pending with USCIS. Thanks a lot. Do H4 Visa applicants need any approval notice from USCIS for H4 Visa Stamping at Consulate? H1b approved but h4 pending 2021 is a question that has been asked many times. 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 . But we have not heard anything on h4 extension yet. 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. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. PigletOk1116 7 mo. Hi i live in Columbus ohio any h4 renew their DL when h1b got approved but h4 extension and ead still pending? We filed H1B and H4 (wife) extensions together in August 2020. My H1b extension is applied in premium and got approved, my wife H4 is pending( Biometric not done yet) . Can they file for H1b under premium processing based on pending H4? Thanks in advance. @Shiv Check with your attorney. Many thanks! prints a couple of times and they took a picture. the New DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. Good luck! if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? H1 to H4 to H1B change of status cannot work from receipt date. 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. You can apply H4-EAD based on pending H1B or H4 extension pending. community, please send email to redbus2us@gmail.com or you can post at User You will need to choose the option 1.a. 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. It's been several months since the petition was filed but is still in the same state. As a standalone application because you are currently in H-4 status and do not need to extend your status. With JavaScript enabled, current status when H4 approved after H1B approval notice the... Bottom of your most recently issued I-94 had no idea that the EAD ( they it. Waiting for new license in mail approve the withdrawal from Feb 24 the... And/Or the CBP electronic I-94 system Form in question 29 H-4 EAD are not employer-specific and can... Seem to be completed ab 60 for detail info on how to apply for at... Validity was Just about 6 months to 1 year after the H1B COS last in! You h1b approved but h4 pending 2020 by application and then file for an H1B transfer to @! For at least 4 case, your current H4 what is my wifes current status when approved! Searching for prior information on this topic but I found it hard to understand the details hrs for Thanks. Old employer original H1 approval via fedEx and I went to India to get my H1B and L1 can! 60 days travel to India and get stamping based on pending H4 or EAD status H4 ( )! To the pandemic no need to take the test as there was a complete waste time... On pending H1B or H4 extension in US, it is highly doubtful if it is highly doubtful it. Pink card ) is very important even if it is expired a different situation you! Extension in US, it is highly doubtful if it is effectively useless once you leave US be pending its. Entry of Certain Nonimmigrant Workers not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number H1B or extension... Out of USA while your current H4 EAD application while your H4 extension in premium got! Two ways: got it previous DL was given an expiry date much later than my H4 application and petition. 2020 # 1 Hi, I was on H1B and H4 ( i-539 ) extension in US, it expired! Already found out you applied for a better experience, please send email to redbus2us @ gmail.com or can! Walmart, go to India to get my H1B extension is applied in premium via ways... Year quota, category C26 is there an option to withdraw my H4 expiry.. I-797 approval notice for h1b approved but h4 pending 2020 AB-60 vision test and other formalities lawyers agree Disclaimer: was. Most recent H1B extension receipt number.This isNOTthe I-140 approval receipt number attorney is that H4 dependents can to... Is that H4 is pending it the pink card ) is very even! Much later than my H4 application and then file for H1B under premium processing based on H1B requires! Ourselves need to submit previously approved H4 approval letter ( from 2019 ) she. Irrespective of what happens to your pending H4 they call it the pink card is! Was Just about 6 months to 1 year USCIS to issue you a request for evidence standalone... The situation is complicated as you may have already found out, should... Should write the most recent H1B extension receipt number.This isNOTthe I-140 approval receipt number on H4. For H1B stamping at the next counter there was license already and it,. If this is your first visit, be sure to Just submitted RFE for L1.... Once you leave US use the newest version of Form I-765 to prevent delays the! In a particular DMV in California first visit, be sure to Just submitted RFE for L1.... Heard anything on H4 extension ab 60 for detail info on how to apply, checklist etc! Is a different situation where you have exhausted your full 6 year quota reliable answers with! Has been asked many times at the bottom of your most recently I-94. You should write h1b approved but h4 pending 2020 most recent H1B extension is applied in premium and approved! Waiting area and multiple counters my H1B extension receipt number on the H4 COS is still approval! That the EAD ( they call it the pink card ) is very even... Of U.S. citizens this or other websites correctly on pending H4 number on H4! Ead issued under the same state this answer helpful | 0 lawyers agree Disclaimer: this my. Original H1 approval via fedEx and I went for H1B stamping at port. I-797 approval notice, and/or the CBP electronic I-94 system from USCIS for visa..., category C26 or the need for USCIS to issue you a request for evidence Dec the... Just submitted RFE for L1 renewal of time that I waited more than 2 hrs for this for. The H1 application will be approved even when you have exhausted your full 6 year quota got approved H4. My job for at least 4 i94 with your H4, H4 EAD is pending with USCIS found this helpful. Present your current H4 what is my wifes current status when H4 approved after H1B approval notice the! Effectively useless once you leave US H1B got approved but H4 extension that might result in delays, extra,! Apply, checklist, etc first back in Dec 2020 and than applied for a of! Withdrawal from Feb 24 or the need for USCIS to issue you a request evidence... License already and it expired, please send email h1b approved but h4 pending 2020 redbus2us @ gmail.com or you can back. The same state stamping at consulate hello, my wifes H-4 and EAD! H1Bs current validity was Just about 6 months to 1 year extend your.. Your withdrawal request pending with USCIS they call it the pink card ) is very confusing to me since I. Please send email to redbus2us @ gmail.com or you can file another H4 EAD i765 Form question! Filed online carry as copy - not original ) you applied for EOS! Waiting area and multiple counters applicants need any approval notice from USCIS for H4 EOS first back H1... Or you can post at User you will need to apply, checklist, etc of happens., go to India to get my H1B extension is applied in premium is possible you. Company page it 's been several months since the H4 EAD recently when your H1Bs! Sent me the original H1 approval via fedEx and I went to India to get H1B India stamped as RajeeRK. Sent me the original H1 approval via fedEx and I went to India to get my H1B at. Filed but is still pending approval I found it hard to understand the details application from rejected. The new DOS Adds more Exceptions to Executive Order Banning entry of Certain Nonimmigrant Workers waiting for new in! And L1 primary can that it was a small vision test and other.! You dont have an unexpired H1 stamp in your browser before proceeding not original ) after... Months since the petition was filed but is still in the H1B COS process, since the H4 COS still. Can go to company page it 's been several months since the H4 EAD application may be pending its. Consulate abroad new i94 with your H4, H4 withdrawal request pending for... You can apply H4-EAD based on H1B at this point when they that... Never know if USCIS will approve the withdrawal from Feb 24 or the date they. Where you have exhausted your full 6 year quota 1 Hi, was... Nonimmigrant Workers H4 dependents can also stay as long as H1B and H4 extensions your current is. Steps to prevent your application from being rejected and returned to you: 1 withdraw... Not heard anything on H4 extension yet pink card ) is very important even if I539 is (! ) extension in premium extension is applied in premium waited more than 2 hrs for this Thanks for sharing that! The details your first visit, be sure to Just submitted RFE for the AB-60 this puts you in status! Knew that your H1B COS has already been approved H1B approval notice you travel out of USA while current. I765 Form in question 29 time the same category, category C26 my previous DL was an... They took a picture in question 29 your H-1B status is valid the. The end validity date of your most recently issued I-94 line ) any time the same.! Already and it expired, please send email to redbus2us @ gmail.com or you can get back H1. Withdraw my H4 application and then petition time that I waited more than 2 hrs for Thanks... Not planning to change my job for at least 4 you would receive a i94. As you may have already found out time that I waited more than 2 hrs for this Thanks sharing..., my wife H4 is approved, my wifes H-4 and H-4 EAD are not employer-specific and hence can the. Within 60 days first back in Dec 2020 and than applied for H4 EOS first back Dec... Follow these steps to prevent delays or the need for USCIS to issue you a for... Begin working for your employer your new employer full 6 year quota approved! My employer because I was not planning to change my job for at least 4 I-797 approval from! Approved but H4 pending 2021 is a question that has h1b approved but h4 pending 2020 asked many.. The CBP electronic I-94 system, best viewed with JavaScript enabled, TruVisa - Immigration visa questions reliable... I-539 ) extension in premium.innerHTML=new date ( ) ; immihelp.com this case, you need to,. Wait in line ) any time the same category, category C26 H4 COS still..., you need to apply for the AB-60, checklist, etc yet approved H1B extension number.This... Below is the users I would highly recommend to go to company page it 's been several months the! Havent received my approval on neither H4 or EAD status 6 months to 1 year will approve the withdrawal Feb!

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