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). Yes. If my current status is H4, how do I get my H1-B ? 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? You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. Your change of status to H1B happened before your H4 extension was approved. Thats it after that it was a simple process. The question is - 3. I am in California. I told and explained about my current H4 The answer to can I stay in the US after 240 daysis yes. This happened 4 months ago. 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. Please see our Direct Filing Addresses for Form I-129 web page for more information. We live in Illinois. The H4 EAD approval starting 06/30/2021 doesnt mean anything unless your wife goes back to H4 status, then she may be able to use it again till its validity date. Did you have to take a written test or behind the wheel test while applying under AB 60? From 08/13/2020 (from date when H4 EOS is approved) to 11/25/2020 (date when COS from H4 to H1B was approved), your wife status was H4. H1B extension can stay but not work. Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? We are getting visa dropbox appointment and we are confused about the documents needed with ihr H1B WESHALB. Has it already expired? To learn the facts about how to protect yourself and your family from scams, please visit www.uscis.gov/avoidscams. community, please send email to redbus2us@gmail.com or you can post at User You applied very late. Your prompt responses are very helpful. My H1B 60 days grace period ending this month end. Yes applied for H4 EOS first back in Dec 2020 and than applied for H4 to H1B COS last month in PP. Mr. XYZ advised me to go ahead and apply for AB-60 license. eBay. My employment ended in March 1 and I just found an employer who can file a new H1B for me. AB-60 license is for those who dont have all the legally required documents Just wondering as others did not get positive response like yours. You should verify these details with an immigration lawyer. Visit our H-1B Visa page for more information on eligibility for the H-1B program. Can i apply H4-EAD currently or should i wait for H4 Biometric to be completed? Anything can happen. The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. H4 EAD card must be valid to keep working. 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. 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. I just got H1 visa stamping as soon as I got it, I got back after visa stamping and started working. 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension. Why would I withdraw my H4 petition? Her biometrics are taken already. if you have an unexpired H1 stamp in your passport, you may leave/renter the country using that H1 stamp. I renewed my driving license in Oct. My wife went for her license renewal. The H1B Amendment + Extension case is an interesting one and most attorneys have interpreted that USCIS does allow working after 240 days. This allows you to stay in the country, but you cannot work for any employer. As per my opinion, your current status is H4 and you can use your H4 EAD to work. Generally, you are only authorized to work through the expiration date on your EAD. I applied in DMV on June 25th and received it on July 2nd. Questions:. Restarted working on H1. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. H1-H4-H1 - COS to H1 based on the pending H4 application? H1 to H4 to H1B change of status cannot work from receipt date. First of all, your priority is to ensure you are not out of status. My wife is also an H1b employee with approved I140 (priority date Jun 2020). Thanks for your help in advance. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed). Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? AB-60 online and understood what it is and went back again in the afternoon and So I had to wait for months, had offers withdrawn, etc. This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. I asked her if having this 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. Then they gave me a token number and I had to wait for the next step. Please advise. Followers 1. You are using an out of date browser. Members. any legal presence documents and all that he asked was whether I had an unexpired Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application I have any unexpired legal presence document (apparently in the DMV online 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. I hope this helps. Theres an executive order in place which prevents consulates from granting certain classes of immigrants work visas. 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 . So since they are not issuing visa stamps - I cant work till they resume the stamping? If you are stilleligible for employment authorization after that date, you should file for a renewal EAD by submitting another Form I-765. . In the event Im offered a position, what are the complications involved in applying for a COS to H1 based on the pending H4 application? In this situation, how would my wife renew her drivers license? Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status. So is your status now become H1? Can H4 stay in the USA after 240 days of the i94 expiry? H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. What happens when you travel out of USA while your H4, H4 EAD is pending. My spouse has applied for H1B extension in the month of July with employer A, while his current petition was valid till Jan 2020. what is my current status? 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. If asked during the interview, show the I539 receipt. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. Hence, in both types of H1B amendments, you should consult your employer and attorney. If you dont have a valid H1 stamp in your passport, you may have to wait until the consulates resume issuing visa stamps. I know the wait tests your patience but thats what we signed up for. 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 . Once H1-B extension is approved, H4 cannot renew the DL until the H4s approval comes through. Start counting the calendar days from the date stamped on your i94. You may also setup online appointment and visit your local USCIS field office to consult with an office in-person. These are difficult times, but with some patience and perseverance, you should be fine. 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. Do you have H4 + EAD to continue your employment ? 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. 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). 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. We have sent H1B+H4+H4 EAD in the same packet. The only difference from normal Driving License is the Federal Limits Apply annotation on the top that is highlighted in red box. 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. DO NOT APPLY UNDER AB60 either new or renewal. 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. As long as you have maintained the legal status (which you have by filing an H4 extension before the i94 expiry), you can file i-485. If you qualify for automatic extension of your current employment authorization and EAD, the automatic extension will continue until whichever comes first: When applicable, acceptable evidence of your automatic extension of employment authorization that may be presented to employers for Form I-9 purposes includes the following combination of documents: Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD. Share sensitive information only on official, secure websites. H4 COS will be automatically abandoned if you exit US for whatever reason. Appreciate you sharing the information. Share your experiences of Other states I really appreciate your quick responses. Pls post what you hear from lawyer or online. But, within a matter of 1-2 days, the H4 approval comes through. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. . Thanks a lot. Thank you raghvi and Vips1982 for your insights. H4 EAD was denied because you are no more in H4 status after 1st Oct2021. H4 is pending and H1B approved. This application is pending a decision. #2 H4 EAD pending and H1B Extension time approaching. Abhi_CSC, This is a very grey area and totally varies by state. 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. . I am same situation, Can you please update what happen in your case? 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? 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