CA State AB 60 experiences ? Mt DL expired on 12/31. We were happy with that period since H4 and EAD renewal is taking 7-8 months due to biometrics backlog. Kalpesh_Dalwadi (Kalpesh Dalwadi) July 8, 2021, 2:27am #4 Thanks. When you leave the US, the H-4 COS will be deemed abandoned and you will be able to re-enter in H-1B status after stamping. Very positive experience. I am eligible for dropbox which makes it little harder to explain this situation. If yes, can it be a standard H1B transfer or do they need to file for a consular H1B with a change of status application? 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. Our experience resident of Michigan. 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. our H4 extensions to be approved! If we present this, we dont need to show our passport, husbands passport, his DL, his H1, my I-797C, my biometrics receipt etc. Sorry to bother you but Just exploring my options. 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. So I would not recommend this route for the time being. I really appreciate your quick responses. Previously I had no idea that the EAD (they call it the pink card) is very important even if it is expired. If she needs visa stamp, she could use the copy of you approved h1b at the consulate. I suggest drive on Indian license since it is valid in CA. I know the wait tests your patience but thats what we signed up for. which address do i need to send H4 EAD application? H1b visa stamp and 60 days grace period ends in one week. Questions:. 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. I live in NJ and sharing my experience at Trenton DMV. H1 extension approval is enough for H4 stamping. | 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. Now we are waiting for new license in mail. H1B approval is not affected or delayed by H4 Biometrics. My H1B new cap petition was approved in August 2021 for Client A with LCA based on State A. What happens to her H1 visa now that H4 is approved? That is not correct. Otherwise from what I understand theres no prob in going for AB-60, especially for ppl who dont have Indian driving license and dont wanna carry the original Immigration docs around in the car. Thanks again. 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. This can be the pending and not yet approved H1B extension receipt number.This isNOTthe I-140 approval receipt number. have a way to at least drive around and not to just sit at home while we await JavaScript is disabled. i read In short the online process would not go forward. I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. Powered by Discourse, best viewed with JavaScript enabled, Current status when H4 approved after H1B approval, H4 withdrawal request pending. I am here on period of authorized stay. 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. By the time the new H1 application is filed, you will not have a statusyou will be in a period of authorized stay. I hope this helps. She mentioned Review our. Eng, Go to company page A .gov website belongs to an official government organization in the United States. My h1b is approved couple of days back but yet there is no status update on my wife's h . Hi can you please share what happened with your COS with a pending H4. It's been several months since the petition was filed but is still in the same state. You are in H1B status even if both applications were approved on the same day. Got H1b approved on Feb 19th and H4/H4EAD got approved on 2/27. I renewed my driving license in Oct. My wife went for her license renewal. The H4 visa holder may work either part-time, full-time or not at all. It would be a great help for other Californians who are going through a similar situation. You are considered to be in a period of authorized stay until USCIS makes a decision on your H4 application. Consular officers may determine that an H1B applicant falls into this category when at least two of the following five indicators are present: The petitioning employer has a continued need for the services or labor to be performed by the H1B nonimmigrant in the United States. Terms of Service PigletOk1116 7 mo. H1B to H1B transfer can work on receipt. But, luckily California has a provision called She said this AB-60 license The Lockbox address found on our Direct Filing Addresses for Form I-765 web page. My H1B is extended in Sep 2020 for 3 years. Apply H4-EAD based on pending H1B or H4 extension pending. 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. You do not have to pay the Form I-765 filing fee. (Lucky me!) 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. Did you check with your attorney as well ? 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. What do you mean by Application and then petition? You seem to be on H1B at this point. You can stay in the US. It's been several months since the petition was filed but is still in the same state. Generally, you are only authorized to work through the expiration date on your EAD. If you dont have both but need to renew your license then California state offers AB60 license. However I got my H1 in Jan 2020 and even got it stamped in India and started working from Feb 2020. I don't think there are any faster options unfortunately. Your status in the US is a Period of Authorized Stay while your H1B is pending after the i94 expiry. Hi, am in similar situation. In short for a change of status, you need to have an existing status. Question is, AB 60 for detail info on how to apply, checklist, etc. If It cannot be used to stay beyond maxout time. They verified all the details and Vioilaaa. Can you please let us know which DMV you went? 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD application I explained that my Drivers License is The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. I applied for a change of status to H4 and the receipt date is June 24. 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. Extension using the new Biometrics process are waiting for the approvals. If you have not withdrawn your application, I believe your current status is H4. Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States. This period of authorized stay is what will complicate the new employers H1 application. Amit, this is good to hear. In addition, H4 COS applications do not have a premium process available and typically take around 3-4 months to be approved (sometimes longer). check out the. Im pretty sure you would qualify for an exemption from the current EO, and the consulate should grant you an h1 stamp. Today we received her H4 approval copy and it says it is approved from 8/13/2020(the day H4 extension was filed) I had applied for h4 last month. But we have not heard anything on h4 extension yet. Hi Kalpesh, I did refer to the post that you have posted in your answer. 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. license will have any impact on my immigration status since she said that this If you file multiple H4 applications, you will need to attend separate Biometric appointments for each H4 application. I will update if I think of any additions. Form I-94 indicating the unexpired H-4 nonimmigrant status; Form I-797C indicating a timely-filed renewal Form I-765 was filed under (c)(26); and. It expired yesterday and I went for renewal today. I had them all and I was Your H1B visa stamped in your passport becomes void after the H1B denial by USCIS. process: I had to give some thumb In your case, you can get back in H1 status via two ways: Got it. H1B extension cannot work in the USA after 240 days of i94 expiry with pending extension with USCIS. She said Ill have to come back after I receive my H4 approval to Thanks in advance. I can answer your other questions once I know your i94 validity date. What happens to the period when she was working on H1 status. Follow the Form I-485 filing instructions to avoid processing delays. 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. Unless you are sure that you are on H4, I dont suggest to use H4 EAD. So the H1 application will be approved with consular processyou wont be able to begin working for your new employer. The renewal should be done 6 months before the expiry on H4. H4 is pending and H1B approved. Do not go for Ab-60. The . 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. You must receive an Employment Authorization Document (EAD/Form I-766) from USCIS before you may begin working. This application is pending a decision. 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. H4 Driving License Renewal, Pending H4 Experience : AB 60 License, Travel to USA Processes, Samples, How to Guides, USCIS giving Notice of Intent to Deny(NOID) for H1B 2023 Multiple Registrations, US Visa Interview Waiver Options extended until Dec 31st, 2023, How to fill DS-160 for missing Surname/ Family name in Passport for US Visa. Can H4 stay in the USA after 240 days of the i94 expiry? I am talking about the one that you got with H1B extension approval with old employer (Attached to i797A). Hi, we are in the same situation. Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. Powered by Discourse, best viewed with JavaScript enabled, TruVisa - Immigration visa questions, reliable answers. Examples of Secondary Evidence. Start new topic. Here is the USCIS address where both H4 and H4 EAD should be sent. In the past I travelled when h1b was pending due to a family emergency. Below is the users 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. So I had to wait for months, had offers withdrawn, etc. Your wife cant go back to H4 status unless you apply for H1B to H4 COS again. 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. Ford. Note that future h1b approval requires you mantain valid status in past . I've spoken to an attorney about it. Another thing is both petitions filed by same company, they just didnt inform me well. Google, Go to company page Current processing time for H4 in USCIS website says "10-13 months" which is a very long time for us. Thats when she mentioned about the Not affiliated with any government agency. I went to India to get my H1B stamping done as advised by immigration attorney. Now I got this H4 approval (i797C) and H4 EAD in March 2020 as the lawyer delayed withdrawal of H4. what is my current status? They mentioned, it can take up to two weeks, I received it on time. Thats why I wanted to understand withdrawal ever happen to you and if yes do you remember after how many days? Do you have H4 + EAD to continue your employment ? My H1B 60 days grace period ending this month end. The online I-94 says Admit until 01/17/2019, so its not expired (yet). You would receive a new i94 with your H4 extension approval. Do i still need to mail the documents even if filed online? 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. , checklist, etc wife went for her license renewal extension receipt number.This isNOTthe I-140 approval number. Of status to H4 status unless you apply for H1B to H4 status unless you are sure you! 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