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. But, within a matter of 1-2 days, the H4 approval comes through. I told That might result in delays, extra documentation, or even RFE for the H4 extension. Current H4 is still valid till sep-2020. #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. The question is - 3. 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). @RajeeRK Do the withdrawal ever happen in your case? I am here on period of authorized stay. 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). By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. If you would like share anything with You would receive a new i94 with your H4 extension approval. Can H4 stay in the USA after 240 days of the i94 expiry? Filing H1B while H4 COS is pending. This is a complex scenario and you can file H1B and start working immediately as long as your i94 is still valid. Generally, you are only authorized to work through the expiration date on your EAD. seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification., NewsFlash! Carry your H4 receipt notice and your spouses H1B approval with you, always. Can they file for H1b under premium processing based on pending H4? Can I apply for H4 EAD with H4 pending for approval. Read my comment to know why. The H1B applicants education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. No illegal presence has been accrued. If we apply for extension+amendment for less than 240 days using recapture time, Can we still stay/work for 240 days or till USCIS takes decision. My wife is also an H1b employee with approved I140 (priority date Jun 2020). This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, Immigrant Pathways for Entrepreneur Employment in the United States, Nonimmigrant or Parole Pathways for Entrepreneur Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-765, Application for Employment Authorization, Form I-140, Immigrant Petition for Alien Worker, Form I-140, Immigrant Petition for Alien Workers, Employment Authorization Document (EAD/Form I-766), A government-issued identification document with photo, Your relationship to the H-1B nonimmigrant, Is the principal beneficiary of an approved. It helps the community ! In December 2021, President Biden submitted the regulation for OMB review. 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. This time the lady at the The expired EAD issued under the same category, Category C26. 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). Karma, Thanks for sharing your feedback. She could get DL based on the h4 stamp on passport. 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. Appreciate you sharing the information. 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. Thanks for sharing ! So my attorney advised to travel to india to get H1B india stamped as @RajeeRK did. H4 and H4 EAD are . I had to pay the fees (the usual $38), wait in another line for my picture taken. Questions:. However, USCIS issued RFEs on the H1B COS application stating that the bridge H4 I-539 needs to be approved prior to the H1B. It cannot be used to stay beyond maxout time. DO NOT APPLY UNDER AB60 either new or renewal. It may not display this or other websites correctly. Abhi_CSC, This is a very grey area and totally varies by state. You are using an out of date browser. 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. 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 passport, address proofs and SSN card. You can file your H4 extension (Form i539) using your spouses pending H1B extensions receipt number. But, you do not need to worry because you can get H4 stamping done and enter the country. Hi i live in Columbus ohio any h4 renew their DL when h1b got approved but h4 extension and ead still pending? and she blindly said she is not sure about that. This allows you to stay in the country, but you cannot work for any employer. Ideally, they should have not approved the H4 when they knew that your H1B COS has already been approved. Question is, Use the newest version of Form I-765 to prevent delays or the need for USCIS to issue you a request for evidence. 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. You may show this by submitting a copy of the approval notice (Form I-797) for the Form I-140 filed for the H-1B nonimmigrant; Evidence that the H-1B nonimmigrant has been admitted or granted an extension of stay under AC21 sections 106(a) and (b). DOS Adds More Exceptions to Executive Order Banning Entry of Certain Nonimmigrant Workers. Hi I am in similar situation, my H4 petition which was filed in October got approved recently. A copy of the biometric page of your passport; Evidence that the H-1B nonimmigrant is the principal beneficiary of an. Thanks a lot. N.E.W. Did you ask for the temporary card or is it their standard practice to give it for H4 cases ? I am now connecting with the immigration attorney. These are difficult times, but with some patience and perseverance, you should be fine. @OP - what would be your past interim status if you withdraw H4 now ? Review our. Thanks again. She said this AB-60 license You would need to file a new H1B COS application to change your status to H1B again. Meaning i cant work only on approved H1b , a visa stamp is needed? experience. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. Now she found an employer with a FT offer. 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? Instead, you will get an ITIN tax number. Posted September 18, 2020. eBay. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. In short the online process would not go forward. I am working on trying to find attorneys to work it with. 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? 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 ? If you already have an H-1B visa stamp that will remain valid during your travel, there is no need to obtain another one. This is done to generally keep the documents in line with one another and to prevent a mishap that would cause a party to be out of status. They couldn't give me a timeline on how long it would take. Below is the users Questions:1. is attorney overstating the approval timeframe for h4 and h4 ead?2. I have applied for H4 extension on May 7,2021 since H1 is valid only from Oct 1,2021 and I cant stay in US after Sep 24,2021 since H4 expires on Sep 24,2021. While those applications were pending, I had applied for H1-B(I129) via premium processing. Your change of status to H1B happened before your H4 extension was approved. This means you will be out of status once your 60 day deadline is up. H4 dependents can stay in the USA while the H4 application is pending with USCIS even after 240 days of the i94 expiry. The 240 day rule allows you to stay past your i94 expiry only. My H1B is extended in Sep 2020 for 3 years. H1B extension approved, H4 extension still pending 04-10-2017, 12:09 AM hi Experts My H1B and my wife's H4 extensions were filed together in Dec, later my employer converted my H1B in premium early March and got it approved mid March. 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. 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. AB 60 for detail info on how to apply, checklist, etc. Therefore, if you pursue this path, you may have to wait several months before you can regain H-1B status. 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. 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. 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. H-1B visa requires a qualified employer to petition the U.S. Government for intended H1B Beneficiary foreign national by retaining a licensed immigration counsel for a subsequent approval to permit skilled Beneficiary to the United States to performed skilled work within the scope. I did inform my attorney and they are checking for the next steps, was wondering what usually happens in this scenario. I would highly recommend to go to Trenton DMV as they hav a large waiting area and multiple counters. I will update if I think of any additions. Initial permission to accept employment on form I-765 question 1: and say yes on question 12 have you previously filed Form I-765. 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. If so how long did it take?#workvisa #h1b, Go to company page I've spoken to an attorney about it. H1b approved but h4 pending 2021 is a question that has been asked many times. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed). Go to company page The applicants proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. I cannot really guess what action will USCIS take in this situation. My H1b start date is on Feb 1st 2020 Members. . The H4 and H4 EAD are not employer-specific and hence can be approved even when you have left your old employer. Browns Bill about AB-60 License. Carefully follow these steps to prevent your application from being rejected and returned to you: 1. Your wife's H-4 status is contingent on the continued validity of your H-1B status. If you apply under AB60, you will be treated as undocumented in the system and that information is shared with ICE. 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. The 240-day period is not allowed in the case of H1B 6-year max out time. 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. 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. You should write the most recent H1B extension receipt number on the H4 EAD i765 form in question 29. H1B to H1B transfer can work on receipt. H4 COS will be automatically abandoned if you exit US for whatever reason. AB-60 license is for those who dont have all the legally required documents 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. Because I also live in Michigan and I went for license renewal with my husband, they renew for my husband but not for me. 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 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. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. Now I got this H4 approval as I forgot to withdraw H4. H-1B visa Beneficiary should have the following: 1. Your new employer cannot apply for an "H-1B transfer" because you are no longer maintaining H-1B status.
Huskerrs Real Name,
Frenchton Puppies For Adoption,
Storm Door Wind Chain Installation,
Espressione Minuetto Professional Manual,
How To Soak Dried Apricots,
Articles H