H4 pending h1b. From what I read on USCIS website, they approve h4 first and then h1b. If an H1B petition is filed for a Change of Employer and the H1B employee begins working for the new employer under AC21 H1B Portability, the H1B employee may be able to travel on H1B while the petition is pending if:. If yes for 1, do I need to get a valid h1b visa stamp or I can use my canada Visa &AVR come back to US. In 2015, a new rule was implemented allowing certain H4 visa holders to obtain employment authorization. The exception is with H4 EAD holders who have the EAD card to work through. I received H1B extension and H4 EAD card with validity until Jun-2027 however the current status of H4 extension is still showing as pending. Now, in I-539 application, I am confused abou I had applied for my H4 COS and EAD with an effective date as 22Aug20 when my H1B extension decision with USCIS was pending. I was previously on H1-B visa but due to my layoff on May 05 2020 I had to file for an H4 dependent visa on my wife’s H1-B. This is technically possible but you need to wait until the H4 COS comes through before switching back to H1B again. I do already have an H1B Consular petition approved with my employer B where I worked with him on H4 EAD in the past. H1b got approved within a week, but no progress on H4 and EAD cases after a month. No pending or approved Form I-140 or labor certification: H-1B status valid up to 3 years and extendable up to another 3 years, for total period of admission of 6 years: Tied to Form I-129 petitioner, but transferrable to new petitioner with a new nonfrivolous petition filing: Update: Now I have received the H4 extension approval till Oct 2014. After her 60 days grace period she got new full time offer. (I have not gone for stamping yet). Hello everyone! URGENT help needed!! Timeline: 8/7/2020 - My H1 extension submitted in PP along with H4 & EAD extension 8/13/2020 - H1 approved. Importantly, you have the option to file your extension or change of status application simultaneously with the principal H1B application, streamlining the process and ensuring that your immigration status remains in sync with your spouse’s. Since H4 EAD extension is taking quite a long period , I am planning to convert to H1b. This will be cap-exempt. When submitting supporting documents for the H4 EAD renewal, you should include both the I-797 from your most recent approved H1B petition and the receipt notice for the pending H1B amendment petition. I hold H-1B status and have a pending adjustment of status application. U. However, you would have to obtain the visa abroad. 1, probably, 2, last in time rule, After filing H1B extensions, while USCIS is processing these petitions, the employees with pending H1B visa extension petitions are authorized to work for up to 240 days H4 (get stamped out of the country) the H1B nonimmigrant has been granted H1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act 2000 (AC21), pending their application for a green card. I have no valid visa now. but got RFE for H4 EAD for missing photos. (H1 approved) Gave my biometrics last week. Is there a way to expedite the H4/H4 EAD as well ? We didn't got any notification for even biometrics My concern is, since the H1B extension is provided based on a pending PERM case, can the extended timing be used by new employer to file a fresh PERM case? I believe to continue working, post H1b expiry (Dec 2024), I will have to either go on the H4+EAD and/or look into EB2 NIW. Transferring or attaching or porting already pending h4 transfer with company A to a new company B h1b transfer Seattle, WA | 3 attorney answers. To my surprise, both my spouse and kid H4 extensions were approved and Mar 23rd, 2020 and I came to USA on h4 visa. 2. You can use this app to fill out the EAD form, Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status in that same classification after the end of employment for up to 60 consecutive calendar days or until the end of the authorized nonimmigrant validity period, whichever is What will happen to the pending H4 extension when H1B transfer is applied? I am working with Employer A and my H1B VISA extension was approved till Aug 2023. My H1B expired on Oct 14 2011. 3/2020: H1B Extension Approved till 03/2023 H4 is associated with your H1B status. ; With approved PERM and pending i140, you can only file a 1 year H1B extension, and that too if PERM was filed 365 days ago. You can use this app to fill out the EAD form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS. H1B Transfer is pending in USA and primary H1B has joined the new employer. I'd like file H4 application (from F2 to H4) for my wife. While H4 and L2 extension petitions are pending, they can stay in the U. What is H1B transfer? H1B transfer is a new H1B petition to change employers. 9 FAM 402. Now I received a letter from USCIS asking either to withdraw my application to H4. even if h1 gets approved and if H4 extension is pending due to bio metric delays, can my wife use AVR. He is currently super The reason is that H1B + H4 COS + H4 EAD are being adjudicated quicker than just H4 COS + H4 EAD alone. I submitted all the requested documents a month later. Citizenship and Immigration Services (USCIS) is providing policy guidance in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a. and entry with appropriate visa, etc. Examples: H4 to H1B COS application – If you are currently on an H4 visa in the US and have filed for H4 to H1B COS application, do not start working until your H1B application is actually approved. 1) If we travel and go for stamping in india can we get H4 visa 2) Will it cause an issue as we have pending H4 3) Any impact to H4 Ead Thanks I have valid H1B approved until 2023 and my spouse h4 extension petition pending (i94 already expired) . Oct 9th, 2019 - Got my h1 approval my H1B was approved and H4&EAD was in pending status 3. (Date on I-94 is Oct 14th 2011 and Stamping on passport is till Oct 14th 2011) Dependent:(Wife) H4 expired on Oct 14 2011. Now, I got an opportunity from Employer B and to All this was filed in premium and my H4 approval came in about a month's time. For that reason, i want her to switch to H1B (since she has the option) with the new employer even though she can work in H4-EAD. long story short, I filed my H4 and EAD extension with my souse's H1b extension as a bundle, with premium process. My company filed my H1B Extension and my wife’s H4 Extension separately. Will be there any issue in the H1B COS process, since the H4 COS is still pending. Hello All, My wife lost her job in April 2020 and USCIS received our H4 COS on 8th June 2020. The H4 visa is the dependent visas that attaches to the H1B visa. View your case history and upcoming case activities, . I had a few questions regarding this process: Can we file new H4 COS and EAD applications while the original H4 COS and EAD applications are pending? As each family member generally will have their own I-94 card, the status of each family member must be separately maintained, even if that status is dependent on a spouse or parent. I want to apply for H4 EAD. Citizenship and Immigration Services (USCIS) on your H-1B application or extension, leaving the U. On 03Sep20 my H1B got approved and i would like to continue working on H1B. Let’s find out how that plays a role in this scenario. Assume she joins the new employer on H4-EAD, can we request the new employer to apply for COS (from H4 to H1) while she is working ? -> Yes its possible to apply cos from H4 to H1 while spouse is working on H4-ead. Current processing time for H4 in USCIS website says "10-13 months" which is a very long time for us. if I got an approved H1B this year, can I request an advance parole and go aboard (not to my home country, maybe Canada) to get the H1B stamped and then come back to US? my wife applied for H4 for me by filing I539 and for my daughter with I539-A. (Processing time is 6 to 10 months I think) When H4 status change+H4 EAD application is pending with USCIS, can I switch my job? As part of that process for H1B, H4, L1, and L2 Visa holders, you would get questions that ask for the petitioner’s name, request number, start date, and expiration date. Under the AC21, H1B nonimmigrants seeking employment-based lawful permanent residence may be eligible to work and remain in the United States beyond the 6 H4 EAD pending extension stays active with H1B transfer. Hi - has anyone lately successfully filed for h1b cos from h4 pending. My H1B got approved on May 21st 2016 and my wife's H4 and H4 EAD is still showing as 'Case was received'. Marriage Certificate registered but real traditional marriage ceremony happened on other dates which do not match certificate date. I am planning to move to Employer B in end of June. How will this impact my spouse H4 and H4 EAD which are still in pending status? 第二次H1B和H4携签： 背景：H1B的第二个3年renew了 过程：碰到一个非常严格的华裔女签证官（排队时已经看她拒签了很多），只问了H1B的信息，没有问任何H4或婚姻的问题 结果：H1B直接approved，H4直接refused，原因214B。. You can get your H4 stamped elsewhere. a. Still waiting on H4 and H4-EAD TEXAS PROCESSING CENTER Update :- Around May 17th, my attorney contacted USCIS about H4 and H4-EAD. is it possible? we replied RFE for h4 on last week so how long will take USCIS decision. My questions are: 1. My wife’s I-94 expires on Aug 6 and since I filed for a COS to H4 (receipt received), I am H4 pending to h1b. Below is my question: 1. Aug 9th 2019 - Applied for H1 + H4 + EADSept 7th, 2019 - Got done with the biometrics for my spouse. If my H1 extension is initiated and filed by my employer and decision is pending, is it still possible for my husband's company to initiate my Change of Status (COS) from H1 to H4 based on his current H1B/I94(valid till 2014)? I was employed with Company A where I got laid off in June 2017 . ,malvern centre renewed dl based on i797c of h4 ,h1b i797c,passport,ssn,employment letter of principal applicant. Please advice what should we do next as dependents are planning to visit India in few Can one work during H4 & I94 extension pending phase (expiry Mar 2023, Form I-539 filed with USCIS) while H4 EAD was earlier approved till Sep 2023 (under a different H1 petition for spouse)? All posts are moderated, so it will take time for your post to appear! my question what happens to my pending H1 transfer if h4 ead gets approved first and later H1 gets approved. But, we have seen in many cases that USCIS denies both applications if the old Employer withdraws H1B before USCIS processes H4 and EAD. Replace Green Card Go to h1b r/h1b. Pending Form I-140. My husband was on H1B (received this Oct 2020) and just got laid off yesterday. Est. To make the switch, you must have a valid spouse who holds an H1B visa, be legally married to your spouse, and not intend to work once your H4 visa is approved. Replace Green Card (I-90 The Immigration Lawyer can help with H4 dependent travel when H1b/H4 extension is pending or approved and they have a valid I94. If you need to leave the United States temporarily while your Form I-485 is pending, please see the instructions for Form I-131, Application for Travel Document, for more information. Do I need to request consular processing? No, you do not need to request consular processing if you have a pending change of status to H-4. Mayorkas, which restructures U. S. Once an H4 uses an AOS based EAD for employment, the person no longer maintains H4 status. Me and wife are currently working. The settlement confirms that USCIS will adjudicate applications for H-4 View case status online using your receipt number, which can be found on notices that you may have received from USCIS. Has anyone successfully canceled their h4 ( in bridge period) upon initiating H1b transfer. H4 EAD pending extension stays active with H1B transfer. H4 and EAD approval pending 11/20/2020 - Wife’s employer files H4 to H1 COS in PP 11/25/2020 - Wife’s H1 COS approved. Can we travel back to Canada during this time? EAD takes 5+ months now for H4 people. Hi Anil, I received 221g white slip in September 2023. My H4 is still pending since somewhere in July. Based on the USCIS claim above 1st paragraph it is ok to travel when you have a valid H4 and i-765 pending Originally published at: Apply H4 EAD while H1B or H4 Extension is Pending - USA You can file H4 EAD while H1B or H4 or both H1B and H4 are pending with USCIS. I have applied h4 + ead for my wife and her h4 is approved but EAD is pending. When you file for the EAD renewal, you should include the receipt notices for the pending H1B and H4 extensions to show that those applications are in process. Keep in mind that, if the I-485 applicant will be working for an employer other than the one that filed the underlying I-140 petition, it typically will be necessary to ensure that the new position qualifies for AC21 portability. ; H-1B portability allows transitioning to new jobs smoothly by starting employment as soon as a petition is filed. But H4 applicant needs to carry H1B Amendment Receipt Notice & supporting documents that are filed for Amendment. It’s been 6 months since I submit the documents. In general, H4 Visa holders, who are dependents of H1B visa holders, cannot work in the US. Today I noticed that my pending H4 COS has been denied, I never got any RFE or anything else, straight denial. They may ask questions about your intent and the status of your pending I-485. in H-1B status until your extension is approved I filed national interest waiver (NIW) petition, which is pending now. Followers 0. Hi, I am currently on f1 visa and my employer will file for H1B. I'm living and working in US with my EAD card I got from my pending asylum case. My H4 is already in progress, to avoid gap in employment / to avoid leaving US, in case H1B does not get picked in the lottery. H4 EAD comparison, and unpack the pros and cons of both scenarios with real-life examples. What happens to the H4 EAD. My spouse H4 and H4 EAD filed against H1B - Company A. This added unnecessary delays and increased processing time by up to 2 years. Since it was taking long time and my DL was expiring I asked my company to convert my H1B Extension to Premium Processing and they did but since my wife’s H4 was filed separately it was not Hello, I have a quick question on the H1b transfer and H4 EAD validity. However, we have not yet received the I-797C notice for the H1B visa. We are still waiting for the receipt notice. Previously, when H4 extensions and H4 EAD were filed along with H1B petition in premium processing, as a courtesy USCIS was giving approvals of H4 and The Primary H1B interview is scheduled separately after the H4 visa interview. Your pending H4 EAD extension with current employer can stay active if you file H1B transfer. However, you should be aware that CBP officers have discretion at the port of entry. My wife is on H4 status. Your wife can stay in the US as long as she has a pending H4 application. H4 EAD will be approved after H1B approval. Now I have a valid H4 status(The one i gained as H4 extension with my spouse's new employer) and a pending H1 to H4 COS application. H1B Transfer When H4 Application is pending H1B Transfer When H4 Application is pending. On January 19, 2023, the U. Is it still valid because h4 is also tranferred? By taking into (2) How will a new H1B for a new employer (H1B "transfer") affect a pending H4 EAD application? Any help is much appreciated. If the primary H1B holder’s status is in Hello, I have a quick question on the H1b transfer and H4 EAD validity. For those on an H1B visa, considering a switch to an H4 EAD can be a significant decision. Q: Will my pending I-539 change of status application to B-1 or B-2 be prioritized if I find a new employer who files an I-129 petition with a request for premium processing service? A: If an employer files a Form I-129 petition on Status after AP i94 Expired. Now am planning to apply for my H4 EAD while both the cases are pending approval. In particular, you might discover that USCIS considers you to have Any conflict between the H4 COS and H1B transfer can be resolved later by withdrawing a pending application prior to approval, departure from the U. However, Traveling abroad while your H-4 EAD petition is pending can be complex. Her biometrics are taken already. Hi, Guys need your second opinion regarding my wifes h1b situation. (H1 approved) Filed for another H4 extension in March 2021. **Risk of EAD Renewal Approval Only Until Current Expiry Date:** I was working on H1b, got laid off and filed for H4 while still on H1 (employer was kind enought to let me know in advance). Like this thread 0 0. Prior to this, I was on F1 visa and had a change of status from F1 to H1B. they would be able to see that some other application is pending and they may ask about it Is it safe to do an H1B transfer while the H4 extension is pending? The answer revolves around I-94. Now that my H4 is approved, is my status of F1 CPT Is it safe to do an H1B transfer while the H4 extension is pending? The answer revolves around I-94. I am H1b with Employer A and my wife working on H4 and H4 EAD pending approval for a month now. We filed H1B and H4 (wife) extensions together in August 2020. An individual can continue to work in the U. If yes for 1, do I need to get a valid h1b visa stamp or I can use my canada Visa This just depends on the processing center and the officer assigned. Use pending H1B extension receipt number in Q29. I’ve read on several forums that the CoS gets rejected as soon as we leave the USA Hi @anil_am22 We need your help for filing H4 EAD based on below series of events : Employer A H1 Valid till Dec 2022, H4+H4 EAD approved till Dec 2022 Employer B H1 Valid till Sep 2023,H4 approved till Sep 2023 ,H4EAD extension did not file ( as we have already approved one till Dec 2022) Employer C H1B transfer started in Jan 2022 and will be complete H1b Extension along with H4 & H4 EAD (Extension) was filed on Jan 18th in Premium processing was approved in Jan 30th, but H4 & H4 EAD are still pending. My company started the PERM process October 2021 and finally submitted form 9089 by April 2023. after your I-94, and thus your H-1B status, is expired, you will not be able to reenter the U. My company is in the process of applying for h1b extension in premium processing. By MVvyas, August 7, 2020 in H1B : H-4 Issues. My wife and I applied for AOS with PD Nov 1st. Hello! If you are planning to apply for an H4 EAD for the first time, I'm here to help you step-by-step, right from the H4 EAD application eligibility criteria, H1B primary with I-140 and I797 receipt requirement, filling I-765 form, fees of $410, renewal 180 days before expiry, processing time from 1. Since it was taking long time and my DL was expiring I asked my company to convert my H1B Extension to Premium Processing and they did but since my wife’s H4 was filed separately it was not H4 and H4 EAD are in pending state and H1B holder lost his job and H1B revoked, now H4 and H4 EAD pending cases will be continued or they just invalidated? All posts are moderated, so it will take time for your post to appear! #3 H1B Approved but H4 and H4 EAD are pending. But my wife’s H4 application is still in progress. I got an offer with New employer and he is ready to file H1B transfer in premium and h4 petition as well. Applying for H1B before the I-94 is expiring and maintained proper status. 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. Friends, As title says my spouse and I got our h1b and H4 extensions approved. Hello, here is my scenario - a. If she goes for h4 stamping in December, can she continue working until feb or does she have to stop working after h4 COS is approved? Also with H4 extension pending, can we travel to India and get all the senior members to help me as I am also in similar problem. In this article, we will review what those details are and how to fill the same as part of the DS-160 or appointment H4 is associated with your H1B status. I entered the USA on H4 visa and then changed to F1 visa. Yes. while your I-485 is pending. H1-B receipt Apr 25, Got H4 and H4-EAD receipts delivered with Apr 25 as receipt date. If H4 COS is pending and H1B is filed after 60 days grace period, what are my H1B filing options? Pleasanton, CA | 3 attorney answers. 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. Lawyer. Instead, you can travel using your H-4 visa stamp by providing proof of your marriage and your spouse's current H-1B status. b. Hi Guys, My H1 and wife's H4 (transfer) to new employer was submitted on Mar 9th and Mar 20th we got RFE and laywer responded on same day. I got laid off from my current employer and my last date of employment here (paycheck last date) is August 30. Company A must have withdrawn my application by now. My questions: 1. I got a new Job at Company B in August 2017 and have been working with them for past 4 months, I recently got a RFE for H1B petition transfer because the company filed for H1B transfer against an incorrect job description. Once H1-B extension is approved, H4 cannot renew the DL until the H4’s approval comes through. So, *IF* I use the EAD and lose my H-4 status but I have been granted Hi, I'm having H1b visa and my wife has H4 visa from my Company X and it expird on OCT/1/2012. H1 was approved in 7 days on Feb 24 2017 H4 is still pending as on March 1 2017. , and there is no restriction on 240 days. - i94 expired in Oct 2016 for H1 and H4 - Filed for H1+H4 extension in Oct 2016 - Upgraded H1 in March 2017 which got approved - Its been a month now but I539 is still in received status for H4 Yes an employer can file an H1B on your behalf. And, how would you like to connect with the Lawyer - phone call or online chat? Customer: Online chat. 3. Maintained proper status in previous visa like H4, L1, etc. Anyhow, my spouse's H4 is still pending and USCIS called for BIOMETRICS on Mar 05th 2021. Traveling back to Canada and entering again gives us both a These documents will allow you to work in and travel outside of the U. The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U. >>> Unless the I submitted my passport to Chennai VAC for H1b dropbox stamping on Nov 6th, 2023 and saw the 'Refused' status today. The reason I don’t want to file h4 extension with spouse h1b transfer is I am also filing for my h1b at the same time and if h4 extension is 8 i-485 pending期间，i-140 仍然是有效的 h1b 身份; 一个 h4 ead 持有者，又拿了 485 的 ead，然后用 485 ead 换了工作，此时 h4 ead 尚未过期 仍然是 h4 身份，因为 h4 ead 尚未过期，所以此时换工作不违反 h4 身份，哪怕用了 485 ead 做了 i-9。 Yes, you are allowed to pursue an H1B visa especially because the H1B visa is considered dual intent. Alternative Option: Consider consular processing if time is a constraint or if you plan to travel. If you travel while your transfer is pending, you might face issues at re-entry or consider your application abandoned. ; Steps to take include exploring visa alternatives, considering a change of status, and seeking legal advice. Will there be any risks for H4 status today,we renewed our dl for pa state when i94 ,h4 visa and dl got expired in sept 2015 . If you do not change your status from “Parolee” to “H1B” explicitly by filing an H1B extension, your status will automatically be changed to a ‘period of authorized stay’ with i485 pending once i94 expires. My company has applied for the H1-B and H4 extension this month , (that is in Feb – 2016). No unlawful presence. Dependents of Work visas like H4, L2. My H1B petition from Company A is valid till August 2018. Please clarify me few more queries. As there is no response from the consulate, I went Hello, My H1B Visa extension got approved until 2023 but my spouse H4 visa extension is still pending for last 4 months (this is the case for most people who applied for extensions since Feb). It has been over 180 days now. In simple H4 to H1B case as well, where you filed H1B with the change of status in the lottery. Hence, you do not need an H4 i797 to get an H4 visa stamp on the passport. Change of status from h1 to h4 and apply H4 EAD with H1B extension premium processing when existing h1 extension in process. Her H-4 status is not dependent on your employer, just that you maintain valid H1B status. If the petition get picked up in the lottery and subsequently gets approved,the can I start working from 1st october without getting the H1b stamped. 12(c)(14) (grant of deferred action). First I received my H1B approval and then after a day, I received my H4(and EAD). H4 EAD Validity After H1B Transfer: A Comprehensive Guide Overview H4 EAD Validity After H1B Transfer: What to Know. H4 Visa. Disclaimer Thanks! So to clarify, *IF* I use the EAD, I will be out of status EVEN IF spouse maintains H1-b (which could be proven upon questioning). Is there a problem for their status? Your pending H4 extension can continue its processing. The H4 application is still pending. H4 to H1B Transfer with the change of status (COS) – The H1B transfer with COS I am an H1b holder with an approved I-140. Tldr: Want to move from H1B to H4 back to H1B in a short timeframe This should be applicable for H4 visa too. Having a spouse with approved i-140 is always good as a backup Hello everyone, Please help me with below information I am currently working on H1B VISA and my wife is on dependent VISA H4. As H4 EAD is already in this list of eligible In a legal settlement USCIS has agreed to reinstate its procedure to “bundle” and review concurrently spouses’ H-4/EAD and L-2/EAD applications when such applications are Since I heard if I go out while h4 is pending it means I will abandon my h4 application automatically. Can I apply for H4, while my H1 extension is still pending with USCIS? >>> Yes, but it will be a bridge petition since your I-94 already expired. You can check the documents checklist to apply for H4-EAD along with Just FYI, I was told in a NJ DMV that H1-B’s 240 day rule for DL renewal will extend to H4 while the H1-B extension is still pending. h4 extension is in processed and received i797c in mid of oct2015. You cannot enter using H1B status as the application is still pending. Its strange that H1B Extn is till pending while dependent applications have been approved. Also, in order to be eligible for the EAD, the H4 spouse is required to maintain lawful status. She has OPT valid until feb 2024. Canadians, uniquely positioned due to their visa-exempt status with the U. 13. So, its better to file a new H4 and H4 EAD with H1B transfer. So, soon-to-be-expired H4s visa holders out there, please make use of the short window and get your driver H1B visa holders extending their status could face a gap between visa expiration and extension approval. Hello, My H4(and EAD) extension was pending. In this article, we walk you through the process of a B2 to H4 visa transfer and discuss the various advantages and #3 COS to H1B PENDING. This visa status is contingent upon the principal H visa holder’s status, so things such as extensions, transfers, terminations, Can I travel While H4 EAD is pending? You can travel out of the country while your standalone H4 EAD application is pending with USCIS. You may have questions regarding H4 EAD processing. Got RFE asking for paystubs/letter from employer to reply by Feb. The H4 COS can take anywhere from 3-6 months under current The H1 with a pending change of status to H4 should speak to the employer's immigration attorney to discuss the H1B fiiling. You can extend H-4 I-94 using the primary H1B I-797 approval notice and get 180 days auto-extension My Company file my H1 extension on premimum process and H4 Extension. Answered by Expert Mark in 7 mins 1 week ago. reading time: 4 minutes The petition number mentioned on both of our current H1B and H4 visa respectively is the the same as that on the previous (cap-exempt) I797-B approval notice, but the petition number on the newly approved cap-subject I797-A notice is different. 12(c)(9) (pending application for adjustment of status under INA 245) or 8 CFR 274a. It is easier to leave and return with an H4 visa. I have a change of status to H-4 pending and need to travel. Tried EMMA as well as the Premium Processing center number, not helping. You can start working on Oct 1 or the start date of your H1B as approved by USCIS. The underlying H1B application will be approved (if approved) with consular processing meaning that you will have to go to the US embassy to get H1B stamped in your passport and then re-enter the USA. Now she found an employer with a FT offer. Has any one done AVR with 2 month left in h1b and h1b pending. your payroll should be run to keep you in H1B status. The settlement confirms that USCIS will adjudicate applications for H-4 USCIS processing times for H1B Visa - Transfers, Extensions, Amendments, New Petitions. Restarted working on H1 1/7/2021 - Sent letter to USCIS to withdraw H4 and EAD Hi, My H4 Visa expires on Dec 31st and my spouse H1B extension is filed, but he has not received the receipt number yet. Generally, if you have a pending Form I I had two H1B filed say H1B - Company A and H1B - Company B. I am in a similar position. Yes, you can file for your spouse's H4 EAD renewal even while the H1B and H4 extension petitions are still pending. In the context of H1B to H4 transfer, it refers to changing status from an H1B visa to an H4 visa. Filing H1B as Change of Status(COS): Below are some of the common situations to file as COS. Hi, I am currently on H1B and applied for my wife’s COS from B1 to H4 on May 28. beneficiary is required to leave the United States for business or personal reasons while the extension requests are pending, I need some help with my options to transfer my visa from pending H4 COS to H1-B. My wife is on H4 but my kids were all born here and are currently of kindergarten and preschool ages. Extending the status of the principal H1B worker, for example, does not automatically extend the status of H-4 dependent family members. Immigration Employment Authorization Document H-1B specialty occupation visa Employment visa Immigrant status H-4 dependent visa However, until recently, H4 visa holders were not allowed to work. Immigration Employment Authorization Document H-1B specialty occupation visa Employment visa Immigrant status H-4 dependent visa We applied for a H1B extension + H4 extn + H4 EAD renewal all together with my wife's H1B extension application on March 22nd in Premium and only her H1B is approved and both my H4 and H4EAD extensions are showing as "Case Received" . What happens if I move to employer B and H1b is transferred to the new employer. 5 to 10 months to all the documents requirement checklist. To get the H4 and EAD approval quickly, do this: File H1B extension/transfer/Change of status, H4, and H4 EAD in the same package (at the same time). In that case you would change status to H4 but then change status again back to H1B since that would be the last status action by USCIS. H1B visas are the most common nonimmigrant US work visa available to professionals. H1 & H4 extension was applied in normal processing and later converted to premium. H1-B approved May 4th. A pending adjustment of If your H1B is filed after the grace period ends while your H4 COS is still pending, you would generally need to wait for the H4 approval before your new H1B is adjudicated. Now,while H4 is pending another company wants to sponsor me for H1. It got approved the second time - before the expiry of my original H1-B petition. using those visas. Below are our case Details. The employer filed for her change of status visa We have applied H1, H4 and H4 EAD at the same time on May 10th 2016 under Premium Processing. But Company will not file for H4 EAD. Am I continue to work based on my new EAD card which is valid until 2027. DL Extension on h4 and H1b visa receipt notice. I-797 approval notice: A notice Hi, I have a situation as below. If you do not change your status from “Parolee” to “H1B” explicitly by filing an H1B extension, your status will automatically be changed to a ‘period of authorized stay’ with i485 pending Hi, I have a situation as below. Most of the people having H1b or h4 visa status face this issue. Now, my employer filed H1B petition for me. Last week my H1 got approved in PP till 2022. Potential Delays: The processing times for an H4 visa can be lengthy, leading to periods where the visa holder may not be able to work or travel internationally. As part of that process for H1B, H4, L1, and L2 Visa holders, you would get questions that ask for the petitioner’s name, request number, start date, and expiration date. Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status in that same classification after the end of employment for up to 60 consecutive calendar days or until the end of the authorized nonimmigrant validity period, whichever is Travel Restrictions: Avoid international travel while your application is pending. My I-94 is going to expire in Aug-2024. I wanted to know if I can stay in the US with my H4 application in pending status ? If yes for how long? We applied F1 to H4 COS, H4 EAD and H1B renewal all together, but only my spouse's H1B was approved. Can company transfer my H1 now or should they wait until H4 is Apply H4 EAD while H1B or H4 Extension is Pending - USA. H4 and L2 Visa Holders. My H1B and I94 expires on Jan 13th 2012. while his or her H-1B extension or transfer is pending even after the current H1B has expired as long as the H-1B extension or transfer petition is filed in a timely manner. Spouse or Child of H1B, H1B1, H1C, H2A, H2B, or H3. If you are new to the process, it can be confusing. You can file an H1B extension after 6 years easily with an approved i140. Also, sign up for Case Status Online to: . Form I-539: A form used to apply for a change of nonimmigrant status in the United States. The change of status happens automatically on the H1B approval date and you should START working i. , have a distinct pathway to apply for an H1B visa. Since the introduction of New I-539 form, Biometrics Process by USCIS, earlier this year, it has been a long wait for many of the H4 visa holders, who are waiting for their H4 extensions and H4 EAD approvals. I am being told that I need to file a consular application to move back to H1B, which Q. If my H-1B expires, will my adjustment of status application be denied? A. Is it possible for me to file for my H4 EAD extension at this stage with both If you have a pending H-1B extension, but your I-94 is expired, you are allowed to remain and work in the U. I received a job offer now. H1 got approved on 03/30 but H4 is still showing pending status. Any thoughts on whats going on Hello, My applications (H1 & H4) status changed to refused today, did you get any email with instructions? Reply reply After filing H1B extensions, while USCIS is processing these petitions, the employees with pending H1B visa extension petitions are authorized to work for up to 240 days H4 (get stamped out of the country) My H4 COS and H4 EAD were filed in early June. Employment: H4 visa holders with work authorization must cease employment once the F1 status is approved. With approved i140, you are eligible to file 3 year H1B extension. So i applied to switch back to H1B. 1 Visit the US border to get new H4 i94. At the same time, they decide on your change of status from B1/B2 to H1B. Is it still valid because h4 is also tranferred? By taking into Can a new employer file for my new H1B and get an approval within US while my old H1 to H4 COS is pending. Can I apply for my spouse H4-EAD with pending 7th year, H4 extensions ? Atlanta, GA | 2 attorney Hello Experts, Please help us with advice. Aug 9th 2019 - Applied for H1 + H4 + EAD Sept 7th, 2019 - Got done with the biometrics for my spouse. Many of them have already aged out and are on the verge of getting separated from their parents just because they have not been able to find any H1B sponsor for themselves after completing studies on an F1 visa. while the I-131 is pending, you could be viewed as having abandoned your I-485 application. Now, I have my approved H1-B visa approval with me. Hi Member, Here is my thought on your question. Yes, H4 can attend for visa while primary H1B amendment is in pending. The status on the H4 transfer is still pending due to USCIS taking long time to process applications. 2) Once we initiate H1b to H4 transfer immediately today, does her H1b 60 days grace period get carried over? 3) What is the usual processing time for the transfer of H1B to H4? 4) On the contrary if she can find an new employer once after we applied for her change of status H4, can she also initiate H1b transfer to new employer? or Should we today,we renewed our dl for pa state when i94 ,h4 visa and dl got expired in sept 2015 . Pending H4 extension or COS may be abandoned, H4 EAD may receive RFE to prove H4 status by sending new i94. Parties to H4 Kid Age Out Lawsuit. My H4 EAD, my spouse’s H1B visa, and my H4 visa are due to expire in September 2024. My max 6yrs H1B is Feb. Hello Anil, I had this weird scenario where the H4 EAD Extension came back with the same expiry date. 10-4 (U) H Classifications and Prerequisites for Filing H Petitions. I have valid canada visitor visa stamp and expired h1b visa stamp Can I go out and come back while h4 still pending? Since I heard if I go out while h4 is pending it means I will abandon my h4 application automatically. My wife and daughter are on H4 from previous employer's h1b petition only and they have valid i94 till Sep 2017. My spouse’s employer recently applied for H1B and H4 renewals on May 12, 2024, and we received the I-797C notice for the H4 visa. But I am travelling to India on 23rd April and coming back on 12th July. This is her second In simple H4 to H1B case as well, where you filed H1B with the change of status in the lottery. My company X already applied extension for my H1b and H4(I539 a H1b Approved and H4 Application still pending . However, if you travel outside of the U. If you're in the midst of awaiting a decision from U. H4 EAD (Employment Authorization Document) essentially gives H4 visa holders the ability to work in the US, if they qualify based on certain conditions. However, you should still submit an H4 extension application along with your H1B transfer just so you both end up with the same expiration date to make future extensions easier. You can travel and re-enter back. H4 is a dependent visa and does not need petition approval as an H1B does. USCIS processing times for H4 Dependents - Extensions, Change of Status. In the context of H1B to H4 transfer, it is the primary form that needs to be filed with the United States Citizenship and Immigration Services (USCIS). Here are all the conflicting answers that I’m getting upon H1B receipt, you can write an mail for h4 to be cancelled step out of the country and re-enter automatically canceling your h4 you While the H4 I-539 extension for my family was pending (applied on September 2020), I had an H1B transfer to new employer (November 2020) . We just applied for her EAD (that includes the latest I-94 copy to show her H4 status and my H1b status). In DS-160, H4 applicant can fill existing H1B approval notice details. My wife lost her job and we applied for her change of status to h4. Short-term Extensions: Upon H1B visa expiry, states may grant a temporary driver’s license extension, generally tied to the I-797, Notice of Action, receipt notice, which proves a pending H1B extension. current H4 and H4 EAD is exping soon (by this Jan 25 2020). The result for that is still pending because of the delay in Biometrics. Filing non-frivolous applications can stop the accrual of unlawful presence, maintaining lawful status until the application is Status after AP i94 Expired. There was no need for you to file the H4 extension just because you switched employers. I have approved I 140 , priority in early 2021. H-1B non Question on pending H4 COS . When my H4 was in pending, I got my H1b. e. You can visit the US-Mexico or US-Canada border and request a new H4 i94 based on the extended approved H1B i797. It's advisable to consult with your immigration attorney for specific guidance on your situation to ensure compliance with immigration rules and avoid complications upon returning to the U. 2024. Note the H4 EAD can #3 COS to H1B PENDING. I am currently working on H1-B visa. Useful resources for H-4 visa holders include USCIS, immigration advocacy groups, and embassies/consulates. Travel outside of the US with H4 EAD pending? Yes, you can technically travel outside of the US to any country, after filing your H4 EAD application, Traveling with a pending H1B transfer can be risky. Below is the visa timeline in US. H4. During Trump’s government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. H1B and H4 Status: If your H1B and H4 visas are still valid, you could potentially return to the U. Option1 – H4 COS to H1 with Premium processing Will it be possible to file this option in premium processing with H4 EAD in pending status ? Answer: While H4 is pending, you can not seek H1B change of status request as you might not have status at the time of filing the petition. Dependency on the Primary H1B Holder: H4 visa status solely depends on the primary H1B visa holder’s status, meaning any changes or loss of the H1B status directly impact H4 dependents. I am filing H1b visa the FY 2016. As we all know our driving license expires with our I94. A COS to H4 will take months. It allows them to accompany or As per the regulation, up to 540 days of the EAD automatic extension would be applicable for all eligible EAD holders, who currently get 180 days of automatic extension. A new employer (non consulting, non 3rd party, Both I and my husband are in H1B with approved I140. H4 EAD can be filed while H1B or H4 extension is pending. But that changed with the H4 Visa EAD rule that was effective from May 26, 2015. My question is - what if h1 gets picked up? In that case, starting from Oct 1/approved date from USCIS, H1 will come into effect, F1 status will be over, but what about H4 pending Therefore, it's safest to use the receipt number from the most recent approved H1B petition to ensure eligibility for the H4 EAD renewal. We got our licenses extended until November 2nd (240 days grace period). You should proceed with incredible caution before you withdraw your asylum application because it may be your best option between the two. The process involves filing Form I-539 and providing supporting documents such as passports, approval notices, Form I-94, paystubs, and marriage certificate. The employer can only withdraw the H1B and not the H4 extension application. My wife is also included in NIW petition. However, we haven't filed I-485 yet. but the first priority is to file within the grace period. I just got an approval notice on the change of status application but the EAD application is still showing up as pending. You need some other valid visa to enter the USA. H1-B transfer with H4 and H4-EAD in premium. 1) If we travel and go for stamping in india can we get H4 visa 2) Will it cause an issue as we have pending H4 3) Any impact to H4 Ead Thanks The H4 does not require a transfer of already approved and valid for a certain date, but you should note the difference in time as your new H1b will likely be for an extended time period while your wife's H4 will remain as is unless or until she travels and returns on a valid H4 visa to the US showing your new H1b approval. Two identical two-by-two-inch passport-style color photographs of yourself; Transfer from H1B to H4 Visa with Concurrent H4 EAD Application. I got my H1B extension approved with in 15 days but it's been almost 21 days but still my wife H4 A few recruiters are turning me down even the opportunity to interview because I have a pending COS H4. Apply H4-EAD based on pending H1B or H4 extension pending. USCIS processing times for H1B Visa - Transfers, Extensions, Amendments, New Petitions. If you're going to use Advance Parole for travel, be sure USCIS approves your I-131 application before you leave the United States; if you leave the U. Your wife's H4 extension will remain pending and be adjudicated as normal. The international travel guidelines for H-1B visa holders can be confusing. Submit a copy of the Form I-797 for I-140 filed at least 365 days prior to the expiration of the six-year limitation of stay. The application is still pending up till time of this writing. Immigration Lawyer: Immigration Phil. If possible, though, it may be advisable to maintain H1B status, if only to serve as insurance in case problems arise with the pending I-485. Now my both H1B applications are approved, but I have chose Company B to proceed. Some H4 visa holders are eligible for EAD, an Employment Authorization Document. Typically, H4 and L2 visa extension for derivative beneficiaries would be filed at the same time as the H-1B or L1 petition for the primary beneficiary. Is it safe to do an H1B transfer while the H4 extension is pending? The answer revolves around I-94. 4. In I have a question regarding my spouse’s pending h4 extension and EAD. I am planning to apply for H4 Ead with non-immigration status change for my spouse from f1 opt to H4. Key Takeaways: Laid-off H-1B visa holders can act within 60 days to extend their stay in the U. Hi all, Current situation: I am currently working on an H1B visa with employer A. got dl renewed for nexr 240 days. I94 expired on March 3rd. . Just w Key Takeaways: H-4 visa holders’ status is affected by divorce, and they cannot legally remain in the US after it is finalized. Hi, My case: filed for H4 extension in June 2020. I understand that usually the change of status to H4 takes anywhere from 3-6 months. Since my H1B didnt get picked in April this year, to continue working, I signed up for Day 1 CPT and am currently studying. Andover, MA | 3 attorney answers Request for pending H4 and H4 EAD Application Approval Due to Emergency International Travel. You will have to use your i-485 EAD (filed using form i765) to keep working if you want. Maintained proper status on F1, OPT, STEM OPT. Both of us are Canadians. H4 extension need to be filed only when the I-94 associated with the H4 is about to expire. ; With pending PERM filed 365 days ago, your Employer can USCIS provides official and detailed guidance on H4 EAD validity and renewal post-H1B transfer. Q: Will my pending I-539 change of status application to B-1 or B-2 be prioritized if I find a new employer who files an I-129 petition with Cancelling H4 during application pending . The previous H1b revoked (January 2021) due to transfer and the dependent H4 extension was denied (March 2021). r/h1b. My H1B extension is approved, but my wife's H4 hasn't been approved yet. 第三次H4独签： I have been with the same company for 6+ years now. Hi, My employers have filed for my H1 extension (this is first extension with my approved I-140) along with my spouse and kid H4 extensions on Jan 31st, 2020 and the petition went to Nebraska Service Center. The money spend on H4 extension is just a waste. Need to travel out of the country, when H1B is pending with USCIS. Write H1B pending receipt number on i765 form. Hi, Can you please help with following questions The principal H1b is approved but the H4 and H4 Ead are still in process. Anyone had similar situation and how to deal with it. H1B visa holders, who are the beneficiaries of certain pending or approved employment-based immigrant visa petitions or labor certification (PERM) applications, can stay inside the US 1. H1 approved but H4 and H4 EAD is pending. Hi, my h4 has been pending with USCIS since March 2020. If so is it safe to do so. H4(pending) to H1. without preparing in advance can lead to significant issues. I applied for h4 cos on April 15th due to job loss. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. I filed H4 extension and H4 EAD renewal with my spouse H1B extension in premium processing. H1B amendment is pending in the USA. Recently, my H1-B extension petition got denied. I have already found a new job and waiting for them to start the H1B transfer. Competitiveness in the Twenty-First Century Act that allow H1B visa holders to work for a new employer while an H1B transfer is pending. But, is a pending adjustee. (Date on I-94 is O Hello, I have a quick question on the H1b transfer and H4 EAD validity. Current H4 EAD - Expires 07/31/2020 New H4 Ead Valid from 04/10/2020 to 07/31/2020 H1B Valid from Employer (Extension approved for 3 years)- 07/31/2023 H4 Extension (I539) is STILL pending( Status: Fingerprints fee received) I am not sure if the COS from H1 to H4 and filed H1B with consular notification Thanks for your input. Are their chances that H1B Traveling abroad while your H-4 EAD petition is pending can be complex. I had applied for my H4 COS and EAD with an effective date as 22Aug20 when my H1B extension decision with USCIS was pending. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. Citizenship and Immigration Services’ (USCIS) adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents (EADs). I am planning to submit I797 receipt of form I539. My concern is can Travel While H4 EAD is Pending is allowed. In this article, we will review what those details are and how to fill the same as part of the DS-160 or appointment To make the switch, you must have a valid spouse who holds an H1B visa, be legally married to your spouse, and not intend to work once your H4 visa is approved. 2016 and today I received email stating that my previous H1b petition has been revoked. Expert Mark. Watch this thread Start a new thread Add a post Based on the latest USCIS guidelines, if you file for an H1B visa using premium processing while your B1/B2 visa application is still pending, USCIS approves your B1/B2 visa right away within the H1B premium processing timeframe. If h1b gets approved but h4 is still pending can i cancel my h4 pending petition with RFE on the day received H1B approval . Check the status of multiple cases and inquiries that you may have submitted to USCIS This application should include evidence of the principal H1B holder’s valid status and proof of your family relationship. I recently applied to H4 CoS from H1B through my husband’s employer. using specific USCIS options. This is my first H1B. while your extension is pending, up to 240 days past your expiration date. If USCIS needs information about your H1B status after your old employer withdraws their H1B, USCIS will send an RFE to request more documents. Skip to content. How Long Can I Be in H-4 Status For? H-4 visa holders’ duration of stay is closely tied to the principal H-1B visa holder, with both sharing a six-year limit. In H1B transfer from employer A to B was approved with i797b and got i94 by crossing border on April. In this post, we’ll delve into the benefits of moving from an H1B visa to an H4 EAD visa, conduct a detailed H1B vs. 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. (2) How will a new H1B for a new employer (H1B "transfer") affect a pending H4 EAD application? Any help is much appreciated. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Meanwhile my Travelling with H1-B and H4 while AOS is pending 04-23-2019, 05:39 PM. H4 – Approval Notice Date: 9/13/2021- Valid from 9/1/2021 – 6/9/2024(H4 EAD validity : 9/13/21 – 06/09/24 ) H1B validity (Date Approved: 9/8/2021) validity: 09/06/2021- 08/01/2024 I haven’t travelled out of Currently my H4 EOS and H4 EAD is in pending state with my Spouse employer A. H1B transfer is a new application and it does not go through the lottery. If during that period, I get a new job offer , can I get a new H1B filed through an employer and withdraw my H4 cos application? My h4 ead is in pending from few months and now my spouse is going to apply for h1b transfer and I am planning to apply for new h4 ead without h4 extension with spouse h1b transfer in premium so that I get approval faster. Note that H4 EAD can be denied if your H4 COS or an extension is also pending An H-4 visa or H4 status is a non-immigrant visa/status category for dependents (spouse and children under 21 years of age) of H-1B visa holders (temporary workers in a specialty occupation). My wife’s employer filed for my H4 within the 60 day grace period with received date of June 26th. 1. My visa expired in Oct, an extension was filed in July, but it is still pending with USCIS. My H1b is expiring in June 30 2020. Apply for COS from H1 to H4 and resign after getting the receipt and any notice period. Receive automatic case status updates by email or text message, . You have two options to get the H4 EAD auto extension by extending H4 i94 quickly through these: #3. Travelling Outside The US While An H1B Change of Employer Petition Is Pending. Can one work during H4 & I94 extension pending phase (expiry Mar 2023, Form I-539 filed with USCIS) while H4 EAD was earlier approved till Sep 2023 (under a different H1 petition for spouse)? All posts are moderated, so it will take time for your post to appear! For those who are currently in the United States on a B2 visa, commonly known as a tourist visa, and are considering staying for a longer period, transitioning to an H4 visa, granted to dependents of H1B visa holders, might be an option worth exploring. Also the desi IT consultant employer has applied for my First time ever H1B via COS under 2013 quota (with effective starting date of Oct 1, ’12 and for 3 years duration mentioned on company’s appointment letter for internal project) . Is it still valid because h4 is also tranferred? By taking into 3. This blog addresses key questions and provides guidance on managing your H-4 EAD application while ensuring smooth travel plans. A visa is an entry foil in your passport. Several H1B families from India have already joined the lawsuit as affected parties called plaintiffs. It will be greatly helpful if you can provide assistance. This will be an issue if you have a pending asylum application. 5. The H4 Employment Authorization Document (EAD) allows eligible spouses of H1B visa holders to work in the United States. What would happen to my H1 extension application, if I apply for H4 visa. dlelu dqw bsrfbqsv cnz ikpfgc mbc ofno quqvsx wpx vriwfx