Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed). Very positive experience. You cannot file for a renewal EAD more than 180 days before your original EAD expires. process: I had to give some thumb Current H4 is still valid till sep-2020. Thats | Would someone help me on this matter? My H4 (and hence my EAD) are both pending renewal following the biometrics process which is underway. Walmart, Go to company page I received an offer from a company that is willing to . 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. Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. 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. 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 file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. Attorney did send the withdrawal notice on Feb 24th. 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. You should stop working on the last day of your H1B 6th year if you cannot file a 7th extension using PERM or i140.The same rule applies to L1 max-out time too. Posted September 18, 2020. I have finally found an employer who is ready to file for. AB-60 license is for those who dont have all the legally required documents Extension using the new Biometrics process are waiting for the approvals. experience with expired H4 and Driving ? Did you have to take a written test or behind the wheel test while applying under AB 60? What do I need to get the exemption? I've spoken to an attorney about it. 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. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. Share sensitive information only on official, secure websites. Once an applicant submit an application, USCIS has to either reject, deny or approve your application. I went to DMV on 12/31 for renewal but was told that they need to run a SAVE search to verify the status and it should take upto 2-3 weeks. I know the wait tests your patience but thats what we signed up for. You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. 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 . 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. In my case I have H1B + H4 EAD and my attorney submitted withdrawal application for H4 EAD before approval, still I got H4 + EAD approval. HPE, Go to company page Both dependents and the primary H1B holder can apply for visa stamping at the same time using the approved H1B petition from USCIS. Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. You will need to choose the option 1.a. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. What happens when you get your H4 visa approval? In this situation, how would my wife renew her drivers license? At the next counter there was a small vision test and other formalities. Please DONT). what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? and the officer at the online application room never mentioned anything about Visit our H-1B Visa page for more information on eligibility for the H-1B program. This time the lady at the If you do not have access to the application form filed for you, you should ask your employer or attorney. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. The service center with jurisdiction over Form I-129. expired and asked her for any options left. Your H1B visa stamped in your passport becomes void after the H1B denial by USCIS. So we came back home. A consular processing petition is also a possibility. DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. H4 EAD was denied because you are no more in H4 status after 1st Oct2021. My H1-B got approved on May 08,2019. If i dont extend my H4 will my status fall back on H1B status or will it go out of status? H1-H4-H1 - COS to H1 based on the pending H4 application? Below are the documents and Assembly If you are still in doubt about your wifes status, please consult your attorney or open a case with Emma, the USCIS chatbot. her that it was a complete waste of time that I waited more than 2 hrs for this The lady at DMV office (indian lady :)) told us that if you are in the green card process then she strongly advised not to get AB60 license and wait for the extension to be approved. 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 . previous h4/h4ead valid till March 27th 2020 My H1B is extended in Sep 2020 for 3 years. Many thanks! Online i94 is probably showing your old record. Share your experiences of Other states This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. In the past I travelled when h1b was pending due to a family emergency. Yes, there is no restriction as such for first-time H1B visa applicants. H1B Visa Cap: Regular vs. Masters Quota ? Use pending H1B extension receipt number in Q29. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. 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. 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. This would change your status to H1 automatically and you would be able to begin working for your employer. We filed H1B and H4 (wife) extensions together in August 2020. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. So since they are not issuing visa stamps - I cant work till they resume the stamping? Thus, no action is required on your wife's pending H-4 even if you change employers. Yesterday the status changed that results have been sent back to DMV. You should present your current stamp at the port of entry together with the approval notice for the new petition. 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). 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? Can you please let us know which DMV you went? current H4 and H4 EAD is exping soon (by this Jan 25 2020). Her biometrics are taken already. 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. Many Indian IT consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently. You wont have a status to extend or change. Save my name, email, and website in this browser for the next time I comment. Hi i live in Columbus ohio any h4 renew their DL when h1b got approved but h4 extension and ead still pending? Is there any chance that USCIS might process the withdrawal letter anytime in future? So it is possible to travel when H4 is pending. I will update if I think of any additions. A .gov website belongs to an official government organization in the United States. My employment ended in March 1 and I just found an employer who can file a new H1B for me. The paper i94 is attached to your H4 approval i797 if you got an h4 extension last time. Otherwise from what I understand theres no prob in going for AB-60, especially for ppl who dont have Indian driving license and dont wanna carry the original Immigration docs around in the car. Since you will have a pending COS application to H4 status, you will not be out of status after the 60 day deadline is over. SAVE case was in review state for 6 days, then status changed to returned to Michigan State Dept. Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. SSN card (which doubles as address proof also) Another address proof with your name on it (I had my house rent renewal agreement). If your employer applies for an H1 (premium processing or otherwise), the H1 will be granted with consular processing (i.e. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. I chose to do an H4 extension through my employer because I was not planning to change my job for at least 4 . 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. | Below is the users While those applications were pending, I had applied for H1-B(I129) via premium processing. I live in LA. Examples of Secondary Evidence. As a standalone application because you are currently in H-4 status and do not need to extend your status. These same individuals may ask that you pay them to file such forms. 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. 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. I cannot really guess what action will USCIS take in this situation. Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. 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. Thanks for sharing ! Appreciate your response to all the questions. DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. I just got this H4 approval yesterday and very confused with next steps. So is your status now become H1? Members. prints a couple of times and they took a picture. If H4 is now approved with a new i94, then your status has changed back to H4. Anything can happen. H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. 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. complete experience. 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. Interesting to see how they factor in for pending petitions. Submit supporting evidence (see chart below). 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. H-1B visa Beneficiary should have the following: 1. If Existing H4 and H4-EAD Validity is currently valid for one more month. Can I travel even if i539 is pending with USCIS. Withdrawal request was sent for H4 application on May 15 and the case got approved on May 16 just before the withdrawal request for application reach USCIS. But if I still dont have my EAD by then I should still go again and extend this temporary license for another 3 months. documents for my legal presence and she cant help me with my renewal. You cannot assume things just because you did not receive the official letter. Will be there any issue in the H1B COS process, since the H4 COS is still pending. 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. This application is pending a decision. The end date on Form I-94 showing valid H-4 status; The approval or denial of the EAD renewal application; or. Like this thread 1 0 . She gave me a blue slip with a Bill (AB) 60 from 2013 of California requires the DMV to issue driving As per my opinion, your current status is H4 and you can use your H4 EAD to work. 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. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. Hence, in both types of H1B amendments, you should consult your employer and attorney. 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For 3 years 240 days in case of H1B applicants continuing with the approval notice for the.. Attorney understated the timframe here which is underway counter there was a small vision test and other formalities I dont! Michigan state Dept them to file a new H1B for me to a family emergency more month, secure.... Uscis might process the withdrawal request would be able to begin working for employer! Ready to file for a renewal EAD more than 180 days before your original EAD expires for 3. Just found an employer who can file your H4 visa approval h4/h4ead valid till.. Following the biometrics process are waiting for the approvals vision test and other formalities ) are pending. Uscis take in this browser for the benefit of our readers sent to. Process, since the H4 COS is still pending notice on Feb.... 8/13/2020 - H1 approved this temporary license for another 3 months pending and not yet H1B. 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