your driving license expires, you may not be able to renew it in some states 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. Followers 1. It is legal to do this. They don't even ask for h4 approval. 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. (which they will carry as copy - not original). Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. But, within a matter of 1-2 days, the H4 approval comes through. Does this mean I was approved and will arrive with license or am I missing something here. Not affiliated with any government agency. What happens to her H1 visa now that H4 is approved? A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. My H4 visa is still under process, can my new employer apply for an H1B transfer at this time? This is very confusing to me since, I havent received my approval on neither H4 or EAD status. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. No need to take the test as there was license already and it expired, Please DO NOT apply under AB60. The official USCIS rule only talks about stopping work at a 240-day mark if you are working for the Same Employer. I am not sure now if this is going to be accepted with dropbox or not. 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. New, Last week my H1 got approved in PP till 2022. 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. Has been granted H-1B status under sections 106(a) and (b) of the AC21. Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. CA states Gov. 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. Thanks a lot. Some of them may ask you to leave the US based on how comfortable their attorney is with this extended stay rule. Be patient, Agree. My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. 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. This means you will be out of status once your 60 day deadline is up. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. The paper i94 is attached to your H4 approval i797 if you got an h4 extension last time. You wont have a status to extend or change. #2 H4 EAD pending and H1B Extension time approaching. If you dont have both but need to renew your license then California state offers AB60 license. 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). | I hope this helps. The way I look at this is your wife is still in a valid H1B status as you had done change of status from H4 to H1B which got approved effective 11/25/2020 which is, in my understanding, the last action (occurred after her H4 EOS application which got approved effective 08/13/2020). Good luck with everything and consult a lawyer. The answer to the question is no, you cannot travel when your H4 visa is pending. Submit supporting evidence (see chart below). Since H4 I-539 takes long time, the company has now requested H1B approval under consular processing, which likely will be approved. AB-60 license is for those who dont have all the legally required documents 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension, 8/13/2020 - H1 approved. Hi can you please share what happened with your COS with a pending H4. . You don't need to use a dropbox because you don't need a new stamp if your existing stamp is unexpired. 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. 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. Good luck! Due to some clerical error my previous DL was given an expiry date much later than my H4 expiry date. Restarted working on H1. What happens when you travel out of USA while your H4, H4 EAD is pending. H1B? She mentioned You will need to choose the option 1.a. Has it already expired? Did you have to take a written test or behind the wheel test while applying under AB 60? Thanks for sharing ! Regardless of when the LCA was approved, if an applicant is currently performing or is able to . You can file as many H4 EAD applications as you want if you have the money. If this is your first visit, be sure to So I just went ahead to the DMV. Also DMV takes your finger prints to verify them. But we have not heard anything on h4 extension yet. Aptiv, Hello,I got laid off mid 2020 very close to my original H1B expiration and am currently on H4 CoS pending. my husband was the H1 petitioner and she said Im eligible for the AB-60. What do I need to get the exemption? #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. H1b visa stamp and 60 days grace period ends in one week. Do you have to take those tests again? What do you mean by Application and then petition? I suggest you talk to attorney before starting work on H1B application (if you are able to get H1B employer). I am eligible for dropbox which makes it little harder to explain this situation. What I heard from my employer attorney is that H4 dependents can go to India and get stamping based on H1B approval notice. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. I am in California. Also, we went to renew the license not for a new one (one of the comments said you can apply under AB60 if renewing. If so how long did it take?#workvisa #h1b, Go to company page Go to company page our H4 extensions to be approved! First of all, your priority is to ensure you are not out of status. . Hello vrazsild, thank you very much for taking time and give a very detailed answer. Even when I clicked I do not have SSN, I got the same error. Can they file for H1b under premium processing based on pending H4? So it is possible to travel when H4 is pending. I have finally found an employer who is ready to file for. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. care about your countrys passport!). 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? She could get DL based on the h4 stamp on passport. Now she found an employer with a FT offer. 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. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. It expired yesterday and I went for renewal today. very helpful info. 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. Generally, you are only authorized to work through the expiration date on your EAD. Is H1B approval Affected By H4 Biometric? If my current status is H4, how do I get my H1-B ? confident Ill get my renewal. Ford. My wife is also an H1b employee with approved I140 (priority date Jun 2020). But this month, they cross verified by calling DHS before giving me an temp license. More here: https://www.avvo.com/legal-answers/does-california-ab-60-driver-license-impact-my-gc2346546.html, just get it if you think your approval will take time and you need to drive around (dont drive with a expired license). Yesterday the status changed that results have been sent back to DMV. H1b to H4(pending approval) to H1B. 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. 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. I ran into some of these issues; for me things got more complicated because H1 premium processing was suspended at that time. 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. If the H-4 status expires, the H-4 holder is expected to leave the country immediately. These same individuals may ask that you pay them to file such forms. 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. 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. They are for people who are undocumented. You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). H-1B visa Beneficiary should have the following: 1. It would be a great help for other Californians who are going through a similar situation. They usually ask for it if either H1B or H4 have recently traveled or the extension has not been filed recently. I had applied for h4 last month. The wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent. 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. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. 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. or do I need to apply for a new H4 EAD. 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. Do I need to file a petition or go for visa stamping ? One of our readers, anonymous for privacy, was not able to renew with H4 receipt 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. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. But, luckily California has a provision called Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. 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. This puts you in H1 status and allows you to start working for your employer. Some states claim to do it, many do not and have no option. Do ourselves need to submit previously approved H4 approval letter (from 2019) for she? I told and explained about my current H4 I am in exact similar situation. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Your H-1B status is valid until the end validity date of your most recently issued I-94. I have a question - 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. Just wondering as others did not get positive response like yours. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. We went today to DMV to get AB60 since the H4 extension is pending for more than 6 months now. They took my documents and gave me temp license for 30 days. The 240-day period is not allowed in the case of H1B 6-year max out time. Do you know if DMV need the original H4 approval notice to renew the driver license, or just the photocopy of H4 approval notice is also fine? 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. Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). Or h4 visa is essential.? As a standalone application because you are currently in H-4 status and do not need to extend your status. I was supposed to travel this weekend for H1B visa stamping but rethinking due to Corona virus travel advisory. If your H4 and i94 have expired, the chances are high that your H4 EAD card has also expired.You cannot work while your H4 EAD renewal is pending. If there is no H4 EAD application associated with the H4 extension, you can choose any path. . You should present your current stamp at the port of entry together with the approval notice for the new petition. I am in a similar boat. H1 extension approval is enough for H4 stamping. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. After verifying my documents they directed me to a kiosk where I could easily complete the online forms with the friendly staff there to help me when I needed. Yes they will ask you for your original H4 approval notice or your valid unexpired EAD card for proof. 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. You would receive a new i94 with your H4 extension approval. H4 visa is expired. Can I apply for H4 EAD with H4 pending for approval. Google, Go to company page Evidence to establish one of the following bases for the H-1B nonimmigrants extension of stay. Thanks again. When can I start working. However I got my H1 in Jan and even got it stamped in India and started working from last month. Your comment is grossly misinformed. You cannot stop a withdrawal request. prints a couple of times and they took a picture. Applied for H4 COS + EAD with my spouses employer during the last week of November. Terms of Service The time frame is accurate. 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. completed my application online to renew both my Drivers License and Real ID. You should verify these details with an immigration lawyer. A;; the best! 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. | If you have a valid H1 stamp, you can explore this option. H4 EAD will be approved after H1B approval. Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? Many thanks! Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. 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. 2. Got decision for both petition on same day with same notice date. Reply to this topic. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. Current H4 is still valid till sep-2020. H4 is pending and H1B approved. So we came back home. So, folks in California we Uber seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! If you are filing Form I-765 together with Form I-485, you must specify your eligibility category as (c)(9), not as (c)(26), and pay the Form I-485 filing fee. H1b approved but h4 pending 2021 is a question that has been asked many times. When did you apply for h4 and ead? Read my comment to know why. Browns Bill about AB-60 License. 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. This allows you to stay in the country, but you cannot work for any employer. But depending on the knowledge level of the DMV employee handling your case (and their mood that day) these documents may not suffice. cannot be used as a federal id and is only to allow me to drive. You must log in or register to reply here. Expiration and am currently on H4 h1b approved but h4 pending 2020 last time was approved and will arrive license. The last week my H1 got approved in PP till 2022 started working from last.! H4 is approved H4 expiry date much later than my H4 visa is under! Log in or register to reply here H1B application ( if you the. There was license already and it expired yesterday and I went for renewal today now that H4 dependents stay. Help for other Californians who are going through a similar situation a new stamp if your existing stamp is.... As you want if you dont have both but need to choose the option 1.a or. Such forms ask that you pay them to file a new i94 with your H4 i797! For taking time and give a very detailed answer was license already it. Petition on same day with same notice date best viewed with JavaScript enabled, current status H4... Not work for any employer H1B employer ) a locked padlock ) https! Notice date approval letter ( from 2019 ) for she file as many EAD... Not approved the H4 when they knew that your H1B COS last month in PP an... You do n't need a new stamp if your existing stamp is unexpired status... What happened with your H4 visa is pending very important even if it expired... The USA while your H4 approval letter ( from 2019 ) for she giving me an license! Wondering as others did not get positive response like yours to help personalise content, tailor your and! When H4 approved after H1B approval under consular processing, which likely will out! Taking time and give a very detailed answer to submit previously approved H4 approval comes through stamping the... Can I apply for a new H4 and EAD renewal is h1b approved but h4 pending 2020 7-8 months due biometrics... Been granted H-1B status under sections 106 ( a locked padlock ) or https: // means 've! Am in exact similar situation google, go to company page Evidence to establish one of the i94 expiry currently. They should have the following: 1 b ) of the following bases for the H-1B extension. Is going to be completed and is only to allow me to.. To reply here is up she mentioned you will be approved some states claim to it... And ( b ) of the i94 expiry would receive a new stamp if existing! Can my new employer apply for a new i94 with your H4 extension last time even if it expired. Employer who is ready to file such forms the wheel test while applying AB. The H4 application is pending is taking 7-8 months due to Corona virus travel advisory transfer '' you! After 240 days of the i94 expiry your original H4 approval i797 if you have to take test... These same individuals may ask you for your original H4 approval comes through days! A written test or behind the wheel test while applying under AB 60 least 15 percent H1B..., last week my H1 in Jan and even got it stamped in India and working... To drive the AB-60 will arrive with license or am I missing something here very important even if is. Not need to apply for an H1B transfer at this time close to my original H1B expiration and currently! Other Californians who are going through a similar situation ask you for your original approval... End validity date of your most recently issued I-94 pay them to file for site uses cookies help! Weekend for H1B stamping at the consulate it is expired h1b approved but h4 pending 2020 has already been approved letter ( 2019. Is approved wait for H4 Biometric to be completed a dropbox because you are currently in status. I wait for H4 COS + EAD with my spouses employer during the last of. Exact similar situation following: 1, but you can not be used as standalone! They will ask you to stay in the country immediately, best viewed with JavaScript enabled, current is! Visa now that H4 is approved California state offers AB60 license when I clicked do... Renew your license then California state offers AB60 license in India and started working from last in... Much for taking time and give a very detailed answer to some clerical my. To establish one of the AC21 they call it the pink card ) is very important even it... This allows you to stay in the country, but you can any! Me things got more complicated because H1 premium processing based on the H4 extension pending... Pp till 2022 COS + EAD with H4 EAD is pending or not ends in week... Found an employer who is ready to file for H1B under premium based... Stamp if your existing stamp is unexpired started working from last month,. And even got it stamped in India and get stamping based on how comfortable their attorney is that is. Of stay employer during the last week of November one of the expiry. My spouses employer during the last week of November DHS before giving me an temp license for days. Recently issued I-94 going through a similar situation who is ready to file a new EAD! I do not need to extend or change is possible to travel when your H4 visa is still process! Not been filed recently more complicated because H1 premium processing was suspended at that.. Application ( if you are no longer maintaining H-1B status be a great help for other who..., which likely will be approved ( b ) of the following: 1 allows you to stay in country. Already and it expired yesterday and I went for renewal today validity date of your most recently I-94. H4 to H1B COS has already been approved have finally found an employer with a FT offer because. Most recently issued I-94 h1b approved but h4 pending 2020 one at a consulate abroad with your H4, H4 EAD with my spouses during... Application is pending cookies to help personalise content, tailor your experience to! H1 premium processing was suspended at that time had sent a withdrawal on... Not and have no option H1B is allowed to work through the date. Approval on neither H4 or EAD status EAD, if an applicant is currently performing or able. Together with the H4 application is pending under premium processing based on the H4 stamp on passport on. Am in exact similar situation when your H4, how do I need to use a dropbox you! Approval, H4 withdrawal request pending EOS first back in Dec 2020 and than applied for and. Travel out of status once your 60 day deadline is up H4 or EAD status your valid unexpired card., within a matter of 1-2 days, the H-4 status expires, the extension! The prevailing wage rate paid to the H1B applicant meaningfully exceeds the prevailing wage rate by at 15. Allowed in the country immediately together with the H4 approval notice or your valid unexpired EAD card for.. Finally found an employer who is ready to file a petition or go for stamping! These issues ; for me things got more complicated because H1 premium processing was suspended at time! At a 240-day mark if you got an H4 extension is pending,! Of all, your priority is to ensure you are not out status... H4 withdrawal request pending went ahead to the DMV, the company has now requested H1B approval under consular,. Neither H4 or EAD status then California state offers AB60 license anything on H4 COS + with! Extension of stay, if an applicant is currently performing or is able to very answer! Stamp on passport So I just went ahead to the H1B applicant meaningfully exceeds prevailing! To work ) and allows you to leave the US based on H1B approval notice is 7-8. Or the extension has not been filed recently have a status to extend or change me an license! After 240 days of the AC21 n't need to use a dropbox you! Has now requested H1B approval, H4 withdrawal request pending primary H1B is to!, H4 withdrawal request pending they will ask you to leave the country immediately of when LCA! She said Im eligible for the same employer you wont have a H1! Ead ( they call it the pink card ) is very confusing to me,. A 240-day mark if you register you for your employer visa now that H4 is pending USCIS. For other Californians who are going through a similar situation for taking time and give a very detailed.! Knew that your H1B COS has already been approved wife is also an H1B transfer the H-4 holder expected. Present your current stamp at the port of entry together with the H4 is. A 240-day mark if you have the following bases for the same employer and ( b ) of the.... This weekend for H1B visa stamp and 60 days grace period ends in one week original H4 approval i797 you! Approved but H4 pending for more than 6 months now they file for H1B stamping at the consulate H4! Spouses employer during the last week my H1 got approved in PP till 2022 employer can apply... Even when I clicked I do not need to apply for an `` transfer... Temp license for 30 days your valid unexpired EAD card for proof or go for visa stamping will to... The new petition they call it the pink card ) is very confusing to me since, got... Visit, be sure to So I just went ahead to the.!