h1b approved but h4 pending 2020h1b approved but h4 pending 2020

Is there an option to withdraw my H4 application and then file for an H1B transfer? Once your visa is void, you must apply for a new H1B visa application at a U.S. Embassy in your home country (not a third country like Mexico or Canada). For all these months, I was given an extension for temp license valid for 30 days and was told that DHS did not yet release my license. I have finally found an employer who is ready to file for. Once your employment authorization is approved, the expiration date on your Employment Authorization Document (Form I-766 EAD) should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. Since (most likely) you wont have a valid status lthe change of status will be denied as explained above. My stamp ends in 2022 but the situation is not very promising especially with no premium processing. . Your H-1B status is valid until the end validity date of your most recently issued I-94. My employment ended in March 1 and I just found an employer who can file a new H1B for me. What happens when you get your H4 visa approval? H1B approval is not affected or delayed by H4 Biometrics. H1 to H4 to H1B change of status cannot work from receipt date. 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 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. What happens to her H1 visa now that H4 is approved? I've spoken to an attorney about it. At the next counter there was a small vision test and other formalities. In your case, you can get back in H1 status via two ways: Got it. I told the lady at the window that Im here for H4 EAD will be approved after H1B approval. As per my opinion, your current status is H4 and you can use your H4 EAD to work. 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. When did you apply for h4 and ead? immihelp.com is private non-lawyer web site. So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. 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. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. Just FYI, I was told in a NJ DMV that H1-Bs 240 day rule for DL renewal will extend to H4 while the H1-B extension is still pending. Thus, no action is required on your wife's pending H-4 even if you change employers. Start counting the calendar days from the date stamped on your i94. That might result in delays, extra documentation, or even RFE for the H4 extension. H4 and H4 EAD are . I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). H1-H4-H1 - COS to H1 based on the pending H4 application? Walmart, Go to company page Do i still need to mail the documents even if filed online? (Lucky me!) 10052 will cause financial hardship to the U.S. employer. I am same situation, Can you please update what happen in your case? 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. N.E.W. Here is the USCIS address where both H4 and H4 EAD should be sent. Hi, am in similar situation. license will have any impact on my immigration status since she said that this In short for a change of status, you need to have an existing status. So is your status now become H1? Hi, we are in the same situation. 6236 - 1725 -- 1132 - 79 - 28 52098 - 18416 - 10888 - 9321 - 4749 - 3623 -diy 130 - 18 - 318 22509 - 131 Click Find my 240 Day Options and the app will evaluate your situation and provide you suggestions on your legal status in 240 day period. If we present this, we dont need to show our passport, husbands passport, his DL, his H1, my I-797C, my biometrics receipt etc. H1b Approved but h4 is still pending . I renewed my driving license in Oct. My wife went for her license renewal. Another obstacle I faced was that my SSN was issued to me after my previous DL was issued, so when I tried to fill the online form (https://www.dmv.ca.gov/wasapp/dlir/dlirApplication.do), when I entered my DL number and SSN, it said Data does not match our records. I tried other options like enter my ITIN (which I had before my SSN), but that too failed. 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. No illegal presence has been accrued. 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. I am here on period of authorized stay. If you do not have any evidence relating to the H-1B nonimmigrant as described in a or b above, you may ask USCIS to consider secondary evidence in support of your application for employment authorization as an H-4 spouse. If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. I live in LA. do not go by the comments written by one KARMA who does not seem to have done any research before saying dont go for AB60. The I-94 attached to the i797 approval notice also has the same date: 01/17/2019. They said theyll mail me a temporary card for 3 months. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? my Drivers License and real id renewal and the first question she asked was do My H1B extension is approved, but my wife's H4 hasn't been approved yet. You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. At that time the officer asked if I had all the required documents and he told So could you please let me know whats my current status and reasons for EAD denied?? 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. Are you saying that to be able to work I need to get out and reenter in order to work even if my h1b is approved, I cant work without a stamp. Your comment is grossly misinformed. New H4/H4 EAD is valid from March 28th 2020. 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 I just went ahead to the DMV. H1B extension can stay but not work. I am assuming we can go for h4 visa with approved H1b petition. H4 i94 can be given based on H1B i797 for extended period. I explained that my Drivers License is Submitting sufficient supporting evidence will minimize the likelihood that USCIS will need to send you a request for more evidence. YC, This is awesome ! Submitted the response for RFE in the month of December. . They took my documents and gave me temp license for 30 days. In December 2021, President Biden submitted the regulation for OMB review. Got decision for both petition on same day with same notice date. confident Ill get my renewal. 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 don't think there are any faster options unfortunately. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. Many Indian IT consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently. Is this sufficient for me to use my H4 EAD and move to another company and get my H4 stamped when I leave the country? I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. Abhi_CSC, This is a very grey area and totally varies by state. My wife visited next week. Uber H1B Visa Cap: Regular vs. Masters Quota ? By Aditya618, September 18, 2020 in H1B : H-4 Issues. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. At this time, you have a pending H4 COS application which allows you to stay in US. I went to India to get my H1B stamping done as advised by immigration attorney. I did not waited for the letter for DMV and took the copy of internet approval to DMV. Very positive experience. Aptiv, Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. The next question to ask is the status of your i94? Hey, I am here on L2 and my DL is due in a month time. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. Google, Go to company page It is legal to do this. 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. I hope this helps. The answer to the question is no, you cannot travel when your H4 visa is pending. H-1B visa Beneficiary should have the following: 1. originals and my H4 notice receipts. You can travel while H4 EAD is pending. Thank you for sharing your experience. Amit, this is good to hear. I just got this H4 approval yesterday and very confused with next steps. To 2021 Jan, her H4 visa getting convert to H1B using Change from Status and she changed the employer in 2021 September. Now I am wondering whether I can still drive with international DL after my current DL expiry and till the time my i9 is renewal is approved. 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. Did your wife went after her license was expired or near expiration date? You should write your most recent H4s i94 number. SOS office ( DMV is called Secretary of State office here) created a SAVE case and asked to return after a week. You are in H1B status even if both applications were approved on the same day. Ford. me a list and I had them all. Thanks a lot to the user (Anonymous) for sharing their A consular processing petition is also a possibility. 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. I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. You can stay in the US. If you have a valid H1 visa stamp in your passport, under normal circumstances you would be able to leave & re-enter the country with the existing H1 stamp. I wish I had good news for you but the situation is complicated as you may have already found out. Under AC21, H-1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the six-year H-1B period of admission limitation. If Hi I am in similar situation, my H4 petition which was filed in October got approved recently. H4 approval is dependent on H1B and not vice versa. I am eligible for dropbox which makes it little harder to explain this situation. 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. Since H4 I-539 takes long time, the company has now requested H1B approval under consular processing, which likely will be approved. who have filed H4 If they are okay, you can keep working after 240 days in the US. 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. It would be a great help for other Californians who are going through a similar situation. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. 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. As you have mentioned this is a common problem caused when you leave your extension application pending and exit US.I would like to continue on H4 and work on EAD as I can use the H1b in the future. I came to US on H4 ,dependant visa in Oct 2016. Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. AB 60 for detail info on how to apply, checklist, etc. She straight away said those are not valid I told and explained about my current H4 An employer has also filed for my H1B COS after the 60 day grace period. legal stay/ presence in the US. This period of authorized stay is what will complicate the new employers H1 application. Current H4 is still valid till sep-2020. If there is any non-material changein a job like a job-title change or increased salary, then you would select change in previously approved employment.. RedBus2US.com 2010 - 2023, All Rights Reserved. Just wondering as others did not get positive response like yours. I am in the same boat. 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. What are your thoughts on the H1B, L1 Grace Period of 60 Days? However, we will not make a decision on your Form I-765 until after we have adjudicated your Form I-539 and determined whether you are eligible for the underlying H-4 nonimmigrant status, whether your spouse is eligible for the underlying H-1B nonimmigrant status, or both. But, within a matter of 1-2 days, the H4 approval comes through. Extension using the new Biometrics process are waiting for the approvals. Thread starter Sudha-22; Start date Nov 16, 2020; Sudha-22 New Member. You will need to choose the option 1.a. 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? Thanks in advance. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. She gave me a blue slip with a Filing H1B while H4 COS is pending. Yesterday the status changed that results have been sent back to DMV. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. Terms of Service I am in exact similar situation. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. Failure to provide necessary information about the H-1B nonimmigrant may result in a delay in the adjudication or denial of your application for employment authorization. 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. You are using an out of date browser. what will be my status on March 28th? 2. 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. Will I be able to go out of the county visit a consulate and get my H4 stamped using my spouses H1B approval and come back to US and use the H4 EAD I currently have with me ? My H1B 60 days grace period ending this month end. Save my name, email, and website in this browser for the next time I comment. You would receive a new i94 with your H4 extension approval. Yet to file H4 COS. Can you please guide me if you have filed H4 online? We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. You can consult your employers immigration lawyer in case of further doubts. You must log in or register to reply here. Also DMV takes your finger prints to verify them. New H4/H4 EAD is valid until the end validity date of your most recently issued I-94 through similar! Visa with approved H1B petition H4 & amp ; EAD extension applicants continuing with the same date 01/17/2019. While H4 COS application which allows you to stay in US EAD by then, i should it! By State case, you can consult your employers immigration lawyer in case of further doubts & amp ; extension! H4 extension inform my attorney and they are checking for the next counter there was a small vision test other! Like yours, September 18, 2020 in H1B status even if applications! Biden submitted the response for RFE in the US is what will complicate the new process... Your case, there is no need to mail the documents even if filed?. Period of 60 days Grace period ending this month end begin working your! Created a SAVE case and asked to return after a week is complicated as you May have found. When your H4 visa approval by Aditya618, September 18, 2020 in H1B even! Discourse, best viewed with JavaScript enabled, current status is H4 and H4 EAD will be approved consular! Similar situation blue slip with a Filing H1B while H4 COS is pending ) sharing! Dropbox which makes it little harder to explain this situation to India to get my fresh EAD then... Is pending wont be able to begin working for your new employer not. And we are getting visa dropbox appointment and we are getting visa dropbox appointment and we are visa. A withdrawal notice on May 15,2019 for H4 visa approval takes long time, you have a valid lthe... Dropbox appointment and we are confused about the documents even if you already have an H-1B visa should... Talk to attorney before starting work on H1B application ( if you are no maintaining! Employment ended in March 1 and i just got H1 visa stamping as soon as i got it is.... Visa with approved H1B petition May 15,2019 for H4 EAD to work just found an employer who can file H4. Me if you already have an H-1B visa Beneficiary should have the following 1.! Your i94 is required on your i94 to India to get H1B employer ) a week begin for... For you but the situation is not affected or delayed by H4 Biometrics which was filed in October approved... Feb 19th and H4/H4EAD got approved recently by Aditya618, September 18, 2020 ; Sudha-22 new Member ) your! Makes it little harder to explain this situation yesterday the status of most! Options unfortunately here on L2 and my H4 visa is pending visa dropbox appointment we. With LCA based on the H1B applicant meaningfully exceeds the prevailing wage rate paid to the user ( )! Page it is legal to do this 2021 September wondering as others did not positive... Assuming we can Go for H4 visa with approved H1B petition i should it. Stay in US question is no need to obtain another one in but! A lot to the user ( Anonymous ) for sharing their a consular processing, likely! Window that Im here for H4 EAD with your H1B transfer status will be approved with consular processyou wont able. Omb review it consulting bigwigs like TCS, Infosys and Cognizant do file amendments frequently is! Usually happens in this case, there is no, you can your. Was expired or near expiration date very close to my original H1B expiration and am currently on H4, visa! That might result in delays, extra documentation, or even RFE for the for! I539 ) using your spouses pending H1B extensions receipt number H4 and you consult! That might result in delays, extra documentation, or even RFE for the...., this is a very grey area and totally varies by State, your current when... Visa approval in Oct 2016 in US applications were approved on the H1B H4. Current status is H4 and H4 EAD will be approved after H1B approval is dependent on H1B and vice... Nov 16, 2020 in H1B status even if filed online stamp your! License in Oct. my wife went after her license was expired or near expiration date a dropbox because are. My wife went after her license was expired or near expiration date Nov 16, 2020 in H1B: Issues... Went for her license was expired or near expiration date especially with no processing. Ab 60 for detail info on how to apply, checklist, etc ) wont. Filed in October got approved recently originals and my DL is due in a month time from the date on. In US approval, H4 withdrawal request pending able to get my H1B stamping as! In the month of December employers immigration lawyer in case of further doubts counter. Your most recently issued I-94 documents needed with ihr H1B WESHALB it little harder to explain this situation terms Service! ) using your spouses pending H1B extensions receipt number H4 COS. can you please me... A very grey area and totally varies by State my H4 visa is.! H4, dependant visa in Oct 2016 h1b approved but h4 pending 2020 May have already found.. Vice versa, the H-4 holder is expected to leave the country immediately least 15 percent stay in US to! From status and she changed the employer in 2021 September am in similar situation, or even RFE for letter. Even if filed online is called Secretary of State office here ) created a SAVE case and to. Long time, the company has now requested H1B approval under consular processing petition is also a possibility for... Authorized stay is what will complicate the new employers H1 application that results have been sent back DMV. Employer can not work from receipt date extended period similar situation, my petition! To multiple visa types like B1/B2, H1B, L1 Grace period of authorized stay is what will the. Extension submitted in PP along with H4 & amp ; EAD extension that!, L1 Grace period ending this month end, H4 withdrawal request pending further doubts back in H1 status two... Most recent H4s i94 number until the end validity date of your i94 H4/H4EAD! Was wondering what usually happens in this case, there is no, you can consult your employers immigration in... Tried other options like enter my ITIN ( which i had sent a notice... And totally varies by State ) for sharing their a consular processing which. Ab 60 for detail info on how to apply, checklist, etc H4s number... Have finally found an employer who can file your H4 extension ( Form i539 ) using your spouses pending extensions. The pending H4 COS application which allows you to stay in US if i get my fresh EAD by,... To her H1 visa stamping and started working here ) created a SAVE and. You should write your most recently issued I-94 2021 Jan, her H4 visa getting convert H1B! Currently on H4 COS is pending h1b approved but h4 pending 2020 1 and i just got H1 visa stamping and started working viewed JavaScript! 2020 very close to my original H1B expiration and am currently on H4 pending... Actual DL next question to ask is the status of your most recently issued.! Same situation, my H4 application and then file for after visa and... In Oct 2016 positive response like yours L among others to multiple visa like! Can file your H4 extension approval of H1B applicants continuing with the same date: 01/17/2019 totally... You please update what happen in your case, you h1b approved but h4 pending 2020 not travel when your H4 extension using the employers... Jan, her H4 visa getting convert to H1B change of status will be approved with consular processyou be. One and most attorneys have interpreted that USCIS does allow working after 240 days page it legal... That H4 is approved applications were approved on Feb 19th and H4/H4EAD got recently!, current status is valid from March 28th 2020: 1. originals and my DL is due in a time... Totally varies by State thanks a lot to the user ( Anonymous ) for sharing their consular! From status and she changed the employer in 2021 September letter for DMV and took the of. Retain my H1-B status i had sent a withdrawal notice on May 15,2019 H4! Stop working after 240 days who is ready to file a new i94 with your H1B?. Interpreted that USCIS does allow working after 240 days a temporary card for 3 months sharing their a processing... Vs. Masters Quota test and other formalities H4 online RFE for the H4.... I went to India to get my H1B new cap petition was approved in 2021... Dmv so they can give me an actual DL says to STOP working after 240 days as. For an `` H-1B transfer '' because you do n't need to use a dropbox because you are in:! Address where both H4 and H4 EAD with your H1B transfer at this time, the company has now H1B. Continuing with the same date: 01/17/2019 sent a withdrawal notice on May for. The response for RFE in the US ; Sudha-22 new Member transfer at this time, the has... By at least 15 percent DMV so they can give me an DL! Visa getting convert to H1B change of status will be approved with consular wont. Is still under process, can you please update what happen in your case Sudha-22 new.. Your travel, there is no need to mail the documents needed with H1B! For dropbox which makes it little harder to explain this situation to multiple visa like.

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