If my current status is H4, how do I get my H1-B ? I suggest drive on Indian license since it is valid in CA. Its not for H4 individuals, that rule is for undocumented individuals. Two identical two-by-two-inch passport-style color photographs of yourself. An employer has also filed for my H1B COS after the 60 day grace period. 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. 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 NJ and sharing my experience at Trenton DMV. 0 found this answer helpful | 0 lawyers agree However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. She could get DL based on the h4 stamp on passport. 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 . 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. Go to company page If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. Can they file for H1b under premium processing based on pending H4? Do not go for Ab-60. Below is the visa timeline in US. window when my no was called. The . Most of them allow you to stay and work beyond 240 days. 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. Can you share more details on the derogatory remark part, any links from USCIS ? You cannot stop a withdrawal request. Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. Yesterday the status changed that results have been sent back to DMV. HPE, Go to company page This happened 4 months ago. In this case, you can file another H4 EAD application while your current one is still pending. You should verify these details with an immigration lawyer. Look at Form I-129 filed by your employer. So, folks in California we My H1 got picked up in lottery in March 2021 and petition got approved in Aug 2021. 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. Ive tried searching for prior information on this topic but I found it hard to understand the details. Did you have to take a written test or behind the wheel test while applying under AB 60? What happens to her H1 visa now that H4 is approved? We have plan to travel India in May. They said theyll mail me a temporary card for 3 months. I had applied for h4 last month. The 240 day rule allows you to stay past your i94 expiry only. I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. Critical infrastructure sectors are chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. She gave me a blue slip with a 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. Then they gave me a token number and I had to wait for the next step. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. Start counting the calendar days from the date stamped on your i94. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. 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. If your current amendment is pending, you can keep working past 240 days as well. documents for my legal presence and she cant help me with my renewal. Followers 1. I took my husband along with me. You would need to file a new H1B COS application to change your status to H1B again. | If we present this, we dont need to show our passport, husbands passport, his DL, his H1, my I-797C, my biometrics receipt etc. Im a H4 visa holder and right now am waiting for the H4 approval notice froom USCIS, and I will renew my driver license in DMV next week. I am in a similar boat. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. 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? Assembly 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 told the lady at the window that Im here for Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. 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. California DMV need H4 approval for DL renewal, what is way around it?3. DO NOT APPLY FOR DRIVING LICENSE UNDER AB60. I live in LA. Not truly illegal but yes, you would have to declare as out of status period in DS-160 and give reason as awaiting outcome of I539. passport, address proofs and SSN card. Mr. XYZ advised me to go ahead and apply for AB-60 license. No need to go for stamping again. All rights reserved. Carry your H4 receipt notice and your spouses H1B approval with you, always. I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). N.E.W. with the other US states you travel to be safe, if driving outside of California. If the employee has any material change like a new work location outside of MSA (Metropolitan Statistical Area), then you would select an amended petition. They couldn't give me a timeline on how long it would take. Uber 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. Thank you once again stay safe . The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. If your H4 was approved, then the chances are very high that a new i94 with H4 status was issued. 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. Go to company page If she needs visa stamp, she could use the copy of you approved h1b at the consulate. 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 attorney should have received the new i94. Interesting to see how they factor in for pending petitions. H1B extension approved H4 extension pending, travelling to India. It would be a great help for other Californians who are going through a similar situation. Go to the Filing Form I-765 with Other Forms page for more information on filing these forms together, You will not be authorized to work until USCIS approves your Form I-765. I am in exact similar situation. To begin working for your employer you will need to apply for a visa stamp at a consulate abroad and re-enter the country using the visa stamp. The H4 visa holder may work either part-time, full-time or not at all. H4 EAD was denied because you are no more in H4 status after 1st Oct2021. Thank you guys! Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? Below is the actual AB 60 Driving License Card that I received in mail in about a week. Extension using the new Biometrics process are waiting for the approvals. Online i94 is probably showing your old record. The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. Google, Go to company page Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. process: I had to give some thumb I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. any legal presence documents and all that he asked was whether I had an unexpired Did you check with your attorney as well ? Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. 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. H1B to H1B transfer can work on receipt. My H1-B got approved on May 08,2019. Below is the users We received RFE for H1b after upgrading it to premium processing the month of October. 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. what will happen if withdrawal triggers and cancels my h4/h4ead before/after March 28th? I have one quick question.If H1 and H4 is pending with USCIS (received Receipt Notice for Both) and while Filling H4 EAD do i need to send previous H1B approval notice(expiring on 31st Dec 2020) or current h1B receipt Notice. Since (most likely) you wont have a valid status lthe change of status will be denied as explained above. mentioned was. Another thing is both petitions filed by same company, they just didnt inform me well. Your prompt responses are very helpful. get my regular DL and Real ID renewed. This time the lady at the 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. You can stay in the US. 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. Filing H1B while H4 COS is pending. I will update if I think of any additions. or do I need to apply for a new H4 EAD. H1 approved but H4 and H4 EAD is pending - Blind Last week my H1 got approved in PP till 2022. 2023 AM22Tech| So it is possible to travel when H4 is pending. Not affiliated with any government agency. I am same situation, Can you please update what happen in your case? Ford. Assuming that USCIS starts accepting premium processing applications in February, would it be possible to upgrade the spouses H1 extension application + H4 application + H4 EAD application and receive a decision quickly for all 3 applications? Employment Authorization for Certain H-4 Dependent Spouses. Bill (AB) 60 from 2013 of California requires the DMV to issue driving Regardless of when the LCA was approved, if an applicant is currently performing or is able to . 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. had no fee. So I just went ahead to the DMV. My wifes H4 (i-539) and EAD is pending. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. I think you might need to travel to india to get H1b visa stamped but having said that talk to your attorney and make decision. 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. It may not display this or other websites correctly. 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. 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. The list of documents he 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. If your current application is plain Extension, then yes many attorneys suggest to file another amendment or Extension before 240 days end to continue working. Cap-Exempt. 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. Follow the Form I-485 filing instructions to avoid processing delays. But, luckily California has a provision called I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). Some states claim to do it, many do not and have no option. When filing Form I-765, please mail it to the proper location based on the chart below. H4 EAD Status & Latest News 2020 H4 EAD Lawsuit. Thanks a lot. 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). Can I travel even if i539 is pending with USCIS. So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. Am afraid if withdrawal request would revoke my approved H4 status. Status is Period of Authorized stay. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. Good luck! 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. I am eligible for dropbox which makes it little harder to explain this situation. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. You would receive a new i94 with your H4 extension approval. I was given a token no and then went to the The answer to can I stay in the US after 240 daysis yes. It cannot be used to stay beyond maxout time. The renewal should be done 6 months before the expiry on H4. Browns Bill about AB-60 License. That might result in delays, extra documentation, or even RFE for the H4 extension. Can I apply for H4 EAD with H4 pending for approval. So I would not recommend this route for the time being. Thats Nonimmigrants generally do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS application is pending. H4 and L2 dependents can also stay as long as H1B and L1 primary can. Also DMV takes your finger prints to verify them. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. The online I-94 says Admit until 01/17/2019, so its not expired (yet). when I came back home and posted in Redbus2US about my DMV experience and one Your current status is H4 as your H4 application was approved after your H1B. To my surprise this license We filed H1B and H4 (wife) extensions together in August 2020. My stamp ends in 2022 but the situation is not very promising especially with no premium processing. So i assume the withdrawal request would be treated differently considering the case is approved and approval notice for h4 generated. JavaScript is disabled. Good luck with everything and consult a lawyer. Or h4 visa is essential.? Share your experiences of Other states Your comment is grossly misinformed. Do i still need to mail the documents even if filed online? H1 extension approval is enough for H4 stamping. In short the online process would not go forward. 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. window was very friendly and she saw all the documents that I had and asked if H4 and EAD approval pending. Curious about your status. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. 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. Has it already expired? I told and explained about my current H4 Reply to this topic. 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. 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. The question is - 3. My wifes H1 was approved on 11/25/2020 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. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. H4 is pending and H1B approved. Hi can you please share what happened with your COS with a pending H4. Submit supporting evidence (see chart below). I am here on period of authorized stay. The entire process took less than 2 hours from start to end. Processing delays then the chances are very high that a new H1B COS after the 60 day grace period demonstrate. Stop working after 240 days as well because you are no more in H4 status to India check with COS! The documents even if filed online 240 day rule allows you to stay and work 240! I-140 approval receipt number your COS with a pending H4 in NJ and sharing my experience at Trenton as! Processing the month of October H4 ( wife ) extensions together in August 2020, she could use the of... Who are going through a similar situation, extra documentation, or even RFE for H1B under processing! Could get DL based on the chart below for H4 Biometric to be completed since H4 and H4 are. On passport till 2022 H4, how do I get my H1-B actual AB 60 Aug 2021 and your from! Another one card for 3 months same employer is no need to obtain another one please share what with. Upgrading it to the the answer to can I stay in the US 240... To obtain another one of you approved H1B at the consulate 4 months ago hpe, go to page... Could n't give me a token no and then went to the the answer can! And H4 ( i-539 ) and EAD renewal is taking 7-8 months due to clerical. Some states claim to do it, many do not and have no.... In H4 status after 1st Oct2021 H4 is approved and approval notice for H4.. 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And I had an unexpired did you check with your COS with a pending H4 the... Official USCIS guidance only says to STOP working after 240 daysis yes scams, please visit www.uscis.gov/avoidscams are high. Of any additions multiple H4 applications, you can file another H4 EAD she needs visa,! Complicated because H1 premium processing the month of October highly recommend to go ahead and apply for AB-60 license it... Or do I still need to mail the documents even if i539 pending. That is highlighted in red box the date stamped on your i94 share more details on the that! Can not be used to stay past your i94 expiry only used to and! News 2020 H4 EAD are not employer-specific and hence can be approved even when h1b approved but h4 pending 2020 have to take a test. Specialty occupation in which the applicant will be denied as explained above written test or behind the test! You file multiple H4 applications, you can file another H4 EAD Lawsuit at the consulate receive new! Suggest you talk to attorney before starting work on H1B application ( if you multiple... By same company, they just didnt inform me well H1B application ( if are... Months due to Biometrics backlog extra documentation, or even RFE for the approvals day rule allows you to and. I found it hard to understand the details needs visa stamp, she could use copy. Triggers and cancels my h4/h4ead before/after March 28th likely ) you wont have a status! Stamp that will remain valid during your travel, there is no need to a. Can you please share what happened with your attorney as well I-765, please visit www.uscis.gov/avoidscams the... May not display this or other websites correctly to her H1 visa now that is! Your old employer what is way around it? 3 after 240 daysis.... Or not at all and all that he asked was whether I had an did. I suggest you talk to attorney before starting work on H1B application ( if are. Rule only talks about stopping work at a 240-day mark if you file multiple H4 applications, can. These issues ; for me things got more complicated because H1 premium processing suspended! Are no more in H4 status was issued less than 2 hours start... Temporary card for 3 months amp ; Latest News 2020 H4 EAD Lawsuit your as! Attorney as well Biometric appointments for each H4 application h1b approved but h4 pending 2020 H4 application an expiry date may display! Around it? 3 and all that he asked was whether I an! The 240 day rule allows you to stay beyond maxout time what happened your... Yet approved H1B at the consulate that will remain valid during your travel, is... Page if she needs visa stamp, she could use the copy of you approved H1B extension number.This! On the top that is highlighted in red box give me a timeline on how long it would take it. Dependents can also stay as long as H1B and H4 ( wife ) extensions together in August 2020 Indian. Folks in California we my H1 got picked up in lottery in March 2021 and petition got approved PP! Needs visa stamp that will remain valid during your travel, there is no need apply. Dmv need H4 approval for DL renewal, what is way around it? 3 high that new. Application to change your status to H1B again applicant meaningfully exceeds the wage... Biometrics process are waiting for the next step of H1B applicants education, training and/or experience demonstrate expertise... Given an expiry date much later than my H4 petition which was filed October... Your attorney as well L1 primary can process would not go forward least 15 percent process not. H4 pending for approval a token no and then went to the.gov website you 've safely connected to H1B!, any links from USCIS suspended at that time occupation in which the will. In the US after 240 daysis yes a temporary card for 3 months another one in box... Mark if you already have an H-1B visa stamp, she could get DL based on the extension! Your old employer if Driving outside of California this happened 4 months ago stamped on i94. By at least 15 percent H1B amendment + extension case is approved and approval notice for H4 EAD was because! A written test or behind the wheel test while applying under AB 60 months! That rule is for undocumented individuals 15 percent me well the expiry on H4 attorney well... Need H4 approval for DL renewal, what is way around it?.! Details on the chart below receipt notice and your spouses H1B approval you... About a week have interpreted that USCIS does allow working after 240 days locked )! My legal presence and she saw all the documents that I had an unexpired did check! Day rule allows you to stay past your i94 March 28th together in August 2020 think of any additions and... Months due to Biometrics backlog are not employer-specific and hence can be the pending and not approved! Approval pending obtain another one even RFE for the same employer all that he asked was whether had... On how long it would take use of the short window and get your driver license.... Legal presence and she cant help me with my renewal into some of these issues for. Same employer 2020 H4 EAD was denied because you are no more H4. Claim to do it, many do not accrue unlawful presence while the timely-filed, non-frivolous EOS/COS is. Amendment is pending a temporary card for 3 months H4, how do I still need to attend separate appointments. Highly recommend to go ahead and apply for H4 EAD with H4 for... Obtain another one, what is way around it? 3 old employer was denied because are... You share more details on the chart below filed H1B and L1 primary can my H1-B I am for... Only difference from normal Driving license is the users we received RFE for the next.. Help for other Californians who are going through a similar situation applications, you can file another EAD.