The next question to ask is the status of your i94? H4 visa is expired. Which service center was your case processed at? documents for my legal presence and she cant help me with my renewal. Be patient, Agree. This is very confusing to me since, I havent received my approval on neither H4 or EAD status. I have finally found an employer who is ready to file for. If your employer applies for an H1 (premium processing or otherwise), the H1 will be granted with consular processing (i.e. If you have already had a valid DL in CA and are only renewing your DL and are unable to do it because of this new H4 extension delay, from what I have heard from the DMV officer there is no issue in applying for AB-60 temporarily till we get the original docs of H4 extension. Is there any chance that USCIS might process the withdrawal letter anytime in future? You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. change of status will be denied). This caused a threat to the employment of U.S. citizens. To 2021 Jan, her H4 visa getting convert to H1B using Change from Status and she changed the employer in 2021 September. 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. if you dont have an unexpired h1 stamp in your passport, you will need to apply for one at a consulate abroad. confident Ill get my renewal. AB 60 Driving License option for that. 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. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. 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. Official USCIS guidance only says to STOP working after 240 days in case of H1B applicants continuing with the SAME EMPLOYER. The expired EAD issued under the same category, Category C26. Secure .gov websites use HTTPS If i dont extend my H4 will my status fall back on H1B status or will it go out of status? The same rules apply to an L1 work visa too. I know the wait tests your patience but thats what we signed up for. I will discuss with my employer attorney on how to handle this situation. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. H1 extension approval is enough for H4 stamping. At least one of the following: (1) Form I-129, Petition for a Nonimmigrant Worker, filed on behalf of the H temporary worker; (2) A copy of the Form I-797 Receipt Notice related to the H temporary worker's already pending Form I-129 petition; (3) A copy of the front and back of the H temporary worker's most recent Form I-94; or (4) A copy . The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. So I just went ahead to the DMV. with pending H4 receipt notice. Once an applicant submit an application, USCIS has to either reject, deny or approve your application. 2. I received an offer from a company that is willing to . In this case, you can file another H4 EAD application while your current one is still pending. As a standalone application because you are currently in H-4 status and do not need to extend your status. Start new topic. Thanks for sharing ! Generally, the H-4 can be extended through USCIS whenever the H-1B Beneficiary is also subject to an extension petition. Eng, 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. Go to company page They are for people who are undocumented. In your case USCIS approved your H4 extension starting 08/13/2020 (to match with the new start date of your H1B extension) as they do not have any reason to reject or deny and it was a rightly filed application. If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. Hi, am in similar situation. Your wife's H-4 status is contingent on the continued validity of your H-1B status. 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. 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. Examples of Secondary Evidence. I read more about H1B to H1B transfer can work on receipt. If I get my fresh EAD by then, I should take it to the DMV so they can give me an actual DL. Am afraid if withdrawal request would revoke my approved H4 status. H1B extension cannot work in the USA after 240 days of i94 expiry with pending extension with USCIS. Followers 1. Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. Therefore, an H1B extension worker is simply not eligible to work after 240 days but can stay in the US while waiting for the H1B result. This time the lady at the If yes, what happens next? . CA State AB 60 experiences ? You would need to file a new H1B COS application to change your status to H1B again. You can consult your employers immigration lawyer in case of further doubts. 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. 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. Good luck. previous h4/h4ead valid till March 27th 2020 A copy of your current Form I-797 approval notice for Form I-539, Application to Extend/Change Nonimmigrant Status; or, A copy of Form I-94, Arrival/Departure Record, showing your admission as an H-4 nonimmigrant or your most recent approved extension of stay. For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status, or with both Form I-539 and the Form I-129, Petition for a Nonimmigrant Worker, filed for the H-1B principal nonimmigrant. We filed H1B and H4 (wife) extensions together in August 2020. (which they will carry as copy - not original). You should be exempt because you are present in the country prior to July 22 (which is when the executive order was issued). DO NOT APPLY UNDER AB60 either new or renewal. check out the. They couldn't give me a timeline on how long it would take. Has it already expired? 180 days from the Card Expires date on the face of the existing EAD. 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. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. current H4 and H4 EAD is exping soon (by this Jan 25 2020). Members. If you file a Form I-765 together with a Form I-485 at the filing address for Form I-765 category (c)(26), USCIS will reject your Form I-485 and any corresponding fees. if you have an unexpired H1 stamp in your passport, you may leave/renter the country using that H1 stamp. what is my current status? 11/20/2020 - Wife's employer files H4 to H1 COS in PP. Also DMV takes your finger prints to verify them. 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. completed my application online to renew both my Drivers License and Real ID. My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. These same individuals may ask that you pay them to file such forms. 0 found this answer helpful | 0 lawyers agree Contact Us, Yes (with H4 EAD, if primary H1B is allowed to work). I cannot really guess what action will USCIS take in this situation. If yes, what would be my current visa status until H1 gets approved since the 60 day grace period on my H1B is completed? Bill (AB) 60 from 2013 of California requires the DMV to issue driving Ive been interviewing for various jobs. very helpful info. license will have any impact on my immigration status since she said that this AB-60 online and understood what it is and went back again in the afternoon and You applied very late. . Please DONT). Your experiences my Drivers License and real id renewal and the first question she asked was do 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? Sorry to bother you but Just exploring my options. What was your You can use your H1B or L1 visa stamp to re-enter the US by showing the new H1B /L1 Approved petition approval notice (I797 approval notice) from USCIS. Is there a quicker way to stop the withdrawal request processing. I applied for a change of status to H4 and the receipt date is June 24. My H1B 60 days grace period ending this month end. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver license renewed. Your comment is grossly misinformed. 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. 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? It's been several months since the petition was filed but is still in the same state. passport, address proofs and SSN card. You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. Your H-1B status is valid until the end validity date of your most recently issued I-94. 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. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. H1b visa stamp and 60 days grace period ends in one week. Say if your H4 get approved 3 months later, will you become H4 automatically. 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. Nov 16, 2020 #1 Hi, I was on H1B and was laid off in May due to the pandemic. Yea hence am hoping USCIS is understanding enough to approve without consular processing, Mexico border might open up on 21st May btw, i dont think you can if you do h4 pending to h1, you are actually withdrawing h4 and applying for h1 that means you would have been effective out of status for in between period you would have to wait for h4 cos approval first. ? can we travel on h4 pending?4. My employment ended in March 1 and I just found an employer who can file a new H1B for me. All times are GMT-5. 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. 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. I have finally found an employer who is ready to file for an H1B.Has anyone had a H4 CoS Pending to H1B CoS successfully processed in the recent times? The 240-day period is not allowed in the case of H1B 6-year max out time. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. You seem to be on H1B at this point. Submitted the response for RFE in the month of December. Thanks a lot to the user (Anonymous) for sharing their H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. Your current status is H4 as your H4 application was approved after your H1B. 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. | Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. In short the online process would not go forward. In December 2021, President Biden submitted the regulation for OMB review. 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. Issued under the same rules apply to an L1 work visa too response for RFE in the USA after days. 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