H4 pending h1b. current H4 and H4 EAD is exping soon (by this Jan 25 2020).
H4 pending h1b H4 petition was still pending. The 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. Now I am switching to a different job and wondering what is the best approach to deal with H4 and H4 EAD: I have no valid visa now. USA. Traveling with a pending H1B transfer can be risky. Any This answer helped me lot , if I understand correct my wife can appear for H4 interview (which I wish her to go for) regardless of H1B status whether pending or approved. Regarding your I-94, the H4 application can keep you in lawful status even if your H1B's I-94 expiration date is in March 2025, as long as the H4 request is submitted before that. I94 expired on March 3rd. June 2021 USCIS revokes H1B issued by Company A. , have a distinct pathway to apply for an H1B visa. The money spend on H4 extension is just a waste. 15. Filed SR, received general response. Spouse or Child of H1B, H1B1, H1C, H2A, H2B, or H3. Withdrawal after your COS to H1B doesn’t make any sense as you will no more be in H4 status anyways. b. Now attorney is saying she is technically on h4 and Ead as it is change of status. Conclusion. 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. USCIS processing times for EAD based on pending I-485 adjustment of Status application - c)(9) EAD code. Thus, because H1Bs have a six-year limit, H4s are held to the same amount. H1B transfer will not affect the H4 travel and your wife would need a valid H4 visa in her passport to re-enter USA. My H4 COS and H4 EAD were filed in early June. To my surprise, both my spouse and kid H4 extensions were approved and Mar 23rd, 2020 and However, you can leave the US and re-enter on your H4 visa and a copy of your spouse's new H1b petition, and you should be admitted with a new H4 I-94 until the expiration of your spouse's H1b I-94. Lawyers by Location . Will H1B visa holders extending their status could face a gap between visa expiration and extension approval. There was no need for you to file the H4 extension just because you switched employers. H4 EXTENSION IS IN PROCESSED AND RECEIVED I797C IN MID OF OCT2015. Dependents of Work visas like H4, L2. The L2 EAD is now expired. 5 to 10 months to all the documents requirement checklist. In fact, EAD is not related to Advance Parole at all. reading Understanding the B2 to H4 Visa Transfer Process. My H1B is approved but my wife’s H4 and H4 EAD are currently pending (they have been Hi, due to projects timeline & school, its not possible to plan a trip together (H1B & H4) to India & also get stamping done for both at the same time. It is not yet clear whether travel after the filing of the EAD application will have any impact on the pending application. When you’re on a B2 visa and have a family member with an H1B visa, you might find that obtaining an H4 visa is a strategic move. ; spouses can visit and, with conditions, work or study. After this extension, I went to India and while come back to US, me and my spouse got new I94 (at POE) till September 2018. I recently changed my status from J-1 to H1B through Premium Processing. In general, H4 Visa holders, who are dependents of H1B visa holders, cannot work in the US. When my H4 was in pending, I got my H1b. That person can then file for your H4 visa, but you should consult with an immigration attorney to ensure that your new H4 application is filed properly and without delays while your B2 application is pending. My Spouse (H4 ) filed her H4 and H4 EAD which is In PENDING Status linked to my (H1B)'s Current H1B Approved petition. Does that mean although i stopped working on Aug 1st but i still lost my 26 days of cap exempt days H4 still pending . Since my H1B didnt get picked in April this year, to continue working, I signed up for Day 1 CPT and am currently studying. when i will be filling H1b extension and h4-extension (i-539 ) i will not have that documents. * company lawyers filed for my H1B extension but forgot to file her H4 extension. USCIS approved H4 application on 06/04/2023 but the validity dates on the approval notice are 03/19/2022 to 03/18/2025. H1B transfer will not affect the H4 travel and your wife would need a valid H4 visa in her passport to re-enter 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. Supporting Documents for an H4 Visa Application You must provide the following documents The H4 visa can only be applied for if your H1B petition has been approved. My Perm was filed on 5th Feb 2020. Are there any complications crossing the Border and re Even with premium the H4 doesn’t get approved at the same time as the H1. I was expecting that the H4 would be approved shortly after the H1B, but apparently that's not the case, so I have 2 questions: 1 You don't have to wait for H4 to get approved. This blog addresses key questions and provides guidance on managing your H-4 EAD application while If you register H1B lottery, once you are selected, you are able to file h1 h4 together. My perm was raised sept 2018. There is no premium processing if changing status from H4 to any. H1B transfer approved (was done in Premium) but H4 is still pending May 2021 Company A sent revocation petition to USCIS after husband left job. My husband H1B visa extension got approved and he has the notice of acceptance, While my H4 extension is pending. current H4 and H4 EAD is exping soon (by this Jan 25 2020). Let’s say i stop working from Aug 1st but my COS doesn’t get approved until say 30th Aug. But H4 applicant needs to carry H1B Amendment Receipt Notice & supporting documents that are filed for Amendment. I had applied for COS and H4 EAD on sept 20 2018. F-1 visa is for non-immigrant students, and having a pending I-140 may raise concerns about immigrant intent. H4 Visa Extension for EAD H4 extension and H4 EAD are both handled at the same time. 10-4 (U) H Classifications and Prerequisites for Filing H Petitions. H4 is associated with your H1B status. I have no valid visa now. You would receive a new i94 with your H4 extension approval. Est. 9 FAM 402. As per the official USCIS rule for H4 wife or husband, you are eligible to work in the USA if the H1B spouse can fulfill any one of these two criteria: #1 H1B Spouse has I140 Approved OR. But, our suggestion is to avoid travel while the H1B transfer is pending if you have already joined (started working) for a new employer based on the H1B receipt. The H4 visa holders sponsoring H1B employer must file his or her H1B petition. His attorney is saying to him, it is risky to add my H4-COS along with his h1b extension, since my h1b amendment is pending. 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. If your driving license expires, you may not be able to renew it in some states with pending H4 receipt notice. A new employer (non consulting, non 3rd party, Both I and my husband are in H1B with approved I140. H4. , and there is no restriction on 240 days. Hello All, My wife lost her job in April 2020 and USCIS received our H4 COS on 8th June 2020. Disclaimer Apply H4-EAD based on pending H1B or H4 extension pending. I will be back before my current H4 expires in Sept, however, my H4 extension and Pending Form I-140. 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 Hi My 6 year H1B Visa maxes out on 26 Aug 2020. 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 My H1B and I94 expires on Jan 13th 2012. 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. 3/2020: H1B Extension Approved till 03/2023 Hi Team, I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. I see on average h4 EAD is taking 9-10 months. Hi, my h4 has been pending with USCIS since March 2020. You can travel and re-enter back. In this case, your current H4 EAD application may be pending while it’s time to file for H1B and H4 extensions. Her employer told that her position will get laid off on July 15th, 2020. Since USCIS Introduced the New I539A form with Biometrics, many H4 Visa holders , who have filed H4 Extension using the new Biometrics process are waiting for the approvals. H4 EAD does not have a premium processing option but you can still get H4 EAD within a month if you file an H1B extension/transfer along with an H4 visa application and H4 EAD, all concurrently. H4 extension need to be filed only when the I-94 associated with the H4 is about to expire. I filed H4 extension and H4 EAD renewal with my spouse H1B extension in premium processing. Hi, Can we file H4 to H1B change of status from Employer B where as H1B was approved from Employer A via Consular processing and not activated yet. No unlawful presence. Meanwhile my husband’s H1b 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 Hello Anil, Happy New Year Recently we got a rejection notice from USCIS for H4 EAD as H4 Petition is expired on Dec 31, 2020. H4 EAD validity in case of H1B employer change. H4 Visa Extension for EAD I am on same situation now, got a project with previous employer but still h1 to h4 cos pending. H1 approved but H4 and H4 EAD is pending. I gave my H1b visa interview on September 23rd-2019 and was issued a 221(g Yes, you can file for your spouse's H4 EAD renewal even while the H1B and H4 extension petitions are still pending. But, luckily California has a provision called AB 60 Driving License Current status when H4 approved after H1B approval, H4 withdrawal request pending. I am planning to change my status to H4 on my husband s H1B Visa to stay legally in US. Last week my H1 got approved in PP till 2022. While H4 and L2 #3 H1B Approved but H4 and H4 EAD are pending. ; H1B Amendment with extension can stay and work in the USA after 240 days of i94 expiry. H4 extension got approved on Oct 22,2021. Applying for the H4 Visa. 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)? Need to travel out of the country, when H1B is pending with USCIS. My I-94 is going to expire in Aug-2024. If USCIS transferred the H4 to an office different from the H1B, it may or may not be adjudicated faster due H4 to H1B cap exempt. Once your H4 application is submitted that is your change of status date and you are allowed to stay in the US. Extended Green Card Validity for Conditional Permanent Residents with Pending I-829 or I-751; Key H1B Visa Expiration Date h1b visa lawyer H1B visa lottery h1b visa lottery 2024 H1B visa lottery in 2024 H1B Visa Process H1B visas in the U. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. A Copy of the pending H4 extension if it has not reached any result yet. I will be back before my current H4 expires in Sept, however, my H4 extension and #2 H4 EAD pending and H1B Extension time approaching. You can file an H1B transfer too while your H4 COS is pending but it will create 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. But it not end of road, Travel while h1b pending details H1B Transfer is Pending Approval. There is always a delay—could be days, weeks or even months. 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? Hi, I would appreciate suggestions from your experience and knowledge. USCIS doesn't specifically mention Can I file an H4 extension while the H1B extension is pending? You can file your H4 extension (Form i539) using your spouse’s pending H1B extension receipt number. 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. 1 Visit the US border to get new H4 i94. H1B extension can stay in the US after 240 days of i94 expiry but cannot work. And both are eligible for Dropbox. Fortunately, Congress created extra privileges for H1B and H4 visa Since January 2023, the U. In the mean while, if she doesn't find another employer who can H4 still pending . By the time you receive your EAD post all the processing it would have less than 1 year validity as it is tied to the H1b expiration period. During Trump’s government, USCIS added the H4 biometric requirement and started processing the H4 and EAD separately. I do have a trip in July for 2 weeks that I have to go. ; Strategies include consulting an immigration attorney, preparing a compelling narrative, and providing documentation Traveling abroad while your H-4 EAD petition is pending can be complex. ,MALVERN CENTRE RENEWED DL BASED ON I797C OF H4 ,H1B If H1B is stamped, H4 gets approved later , I hope COS from H4 to H1B can be applied in Premium processing. And both are Primary Beneficiary of an Approved H1B Visa Petition. File H1B transfer after i94 expiry, H4 Pending Now a new employer is planning to file H1B transfer+extension with premium processing, if premium processing is available from 02/19, My (H1B) and my spouse's (H4) expired in March 08. We applied for H4 EAD when H4 797 was valid and we applied for H1B and H4 Extension We got approval for H1B Extension but H4 Extension is still pending Meanwhile we got RFE to submit the latest Paystub for H4 EAD and we Traveling to India while your H1B and H4 extensions are pending requires careful consideration. If you do not know what is I-140, most likely You converted from H1 to H4 status within the US and now filing an H1B change of status again. This added unnecessary delays and increased processing time by up to 2 years. Hello Anil, Hope You are doing good. I have a question regarding my spouse’s pending h4 extension and EAD. Has anyone been through this? I am really worried and need to We filed H1B and H4 (wife) extensions together in August 2020. 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. Learn More. I have applied for H1B renewal(i-129), H4 extension of stay(i-539) and H4 EAD H1 to H4 pending and again new job h1 transfer . My H1B extension is approved, but my wife's H4 hasn't been approved yet. If your H1B transfer to Employer B is approved, your spouse's H4 and H4 EAD applications should ideally be updated to reflect your new H1B status with Employer B. You can check the documents checklist to apply for H4-EAD along with the H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. without affecting your pending extension. I know people who have applied H4 while H1B was pending with form 221g at embassy. When you’re on a B2 visa and have a family member with an H1B visa, you might find that obtaining an H4 visa is a strategic If your H1B transfer to Employer B is approved, your spouse's H4 and H4 EAD applications should ideally be updated to reflect your new H1B status with Employer B. To my surprise, both my spouse and kid H4 extensions were approved and Mar 23rd, 2020 and It is not yet clear whether travel after the filing of the EAD application will have any impact on the pending application. The H1B petition for the primary applicant (you) is typically processed faster because it is directly related to employment and subject to specific timelines, especially if it was filed with premium processing. USCIS processing times for H1B Visa - Transfers, Extensions, Amendments, New Petitions. My h4 is still The H4 visa is issued to the spouse and children under 21 years of an H1B visa holder. However, you must maintain your current nonimmigrant status while your H-4 application is pending. You have two options to get the H4 EAD auto extension by extending H4 i94 quickly through these: #3. My H1B and my daughter's H4 ext is in progress. S. Get i94 from the CBP website #5 Government-issued Photo ID Document. You had an approved and stamped H1-B visa which was never utilized. So basically i am not working now (from nov 20th) but i dont have any decisions from uscis on COS OR ead. You would be on Pending on the merits of your request, USCIS may contact you. Key Takeaways: H-4 visa allows family of H-1B holders in the U. Is it ok for me to travel outside USA to get my visa stamping done within the next week or should I wait until H4 is issued to my wife? (Or can Dependent go for H4 stamping while principal applicant's h1b has expired and is outside the USA with valid petition?) Thanks in advance!!!-Vinod 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, but USCIS recommends not to travel to handle the RFE, Receipt notices, any requests to visit application centers, etc. H4 EAD (Employment Authorization Document) essentially gives H4 visa holders the ability to work in the US, if they qualify based on certain conditions. Can I file h1b as COS from h4 pending to h1B 2. Hi, If I have to resign what should be needed at time of H1B extension/stamping to show an employer-employee relationship. Called the attorney and he said that it's standard custom that when a pending case of H4 is there with USCIS and we file H1B as change of status petition referenced to the H4 pending status, the H4 will be taken and approved first and then the H1B is approved. If USCIS processes the H4 and H4 EAD applications based on the old H1B, they might issue an RFE to clarify the current status of your H1B. Meanwhile, on Friday, I got an email from the consulate to submit the latest H1b got approved within a week, but no progress on H4 and EAD cases after a month. However, if it’s still pending as the expiration date approaches, Your current status is H4 as your H4 application was approved after your H1B. Replace Green Card Your H1b COS pending application should put you in the period of authorized stay however you will need to stop working on H4 EAD immediately upon USCIS taking action on your H4 withdrawal application. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami (H1B "transfer") affect a pending H4 EAD application? Any help is much appreciated. Reply. My wife is leaving US for 3 months in Nov-2018 for vacation, So i want to file her EAD application now so that it gets accepted Understanding the B2 to H4 Visa Transfer Process. The answer to the question is no, you cannot travel when your H4 visa is Your wife's H4 extension will remain pending and be adjudicated as normal. Aug 9th 2019 - Applied for H1 + H4 + EADSept 7th, 2019 my H1B was All this was filed in premium and my H4 approval came in about a month's time. Tried EMMA as well as the Premium Processing center number, not helping. Extending the status of the principal H1B worker, for example, does not automatically extend the status of H-4 dependent family members. My H1B got approved on May 21st 2016 and my wife's H4 and H4 EAD My current employer filed for my H1b in premium and H4 and H4 EAD for my wife. I have applied for H1 B transfer on Oct 12,2021 and H1B transfer got approved on Oct 21,2021. Has anyone been through this? I am really worried and need to Hello everyone, I have my h4 and H4 EAD applications pending with USCIS and My spouses H1B approved (PP) till 2023. H4 EAD will be approved after H1B approval. Punima June 1, 2021, 4:18pm 8. Hi Anil, I was wondering if you came across anyone having a similar experience. USCIS processing times for H4 Dependents - Extensions, Change of Status. If I (H1B) goes for an H1B transfer in Premium filing mode , in that case - a) Can I request my new Employer to File again my Spouse's H4 and H4 EAD extension document along with my H1B transfer in the same package to USCIS? Choosing Between H1B and H4 Visas. The I came to USA on h4 visa. Now I have a valid H4 status(The one i gained as H4 extension with my spouse's new employer) and a H1B is approved and H4 and H4 EAD is pending and his what will happen to his H4 EAD petition if he travels outside US and gets stamping in India for H4 and comes back. Am I continue to work based on my new EAD card which is valid until 2027. Short-term Extensions: Upon H1B visa expiry, states may grant a I have covered multiple scenarios of travel while H4 EAD is pending here. For your H1B status, if you have a valid H1B visa stamp and your current petition has not expired, you can travel and re-enter the U. 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 gave my H1b visa interview on September 23rd-2019 and was issued a 221(g H4 EAD pending extension stays active with H1B transfer. Then you will have a valid I-94 which will allow you to have automatic extension of work authorization while your EAD renewal is pending. H1b approved but h4 pending 2021 is a question that has been asked many times. If USCIS transferred the H4 to an office different from the H1B, it may or may not be adjudicated faster due Can you drive with your expired Driving License in the US when your H1B is pending and you cannot get it renewed? Experience, consequences ? Skip 2015 . If you are filing H1B, H4, and H4 EAD applications concurrently at the same time in the same package, you can write this in question 29 on form i765: Wife’s h1b expires on Feb 3rd 2024. Anyone had similar 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. 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. You won’t be required to leave the country as long as your H4 change of status application is timely filed and pending with USCIS. are pending? H4 Ext. You quit the H1B sponsor employer and came to the US on an H4 visa as a dependent. I have approved I 140 , priority in early 2021. My question over here is will my spouse be out I applied for h4 and H4 EAD application in March 2021 as my f1 visa was expiring in October 2021. 5 month. 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. What are the options I have. But my son got I94 till 4th June 2018 only (at Same POE). Replace Green Card While those applications were pending, I had applied for H1-B(I129) via premium processing. If the H1B extension is granted say in 2month’s time and COS to H4 is still pending, can I create new COS to H1 in premium (along with the extension?), or will have to wait for H4 COS approval. We have already responded to Generally not recommended as USCIS may treat the pending petition abandoned in some cases. In this case, there is no need to file a new H4 and H4 EAD with your H1B transfer. (Previous H4 expired 09/2022) It is more than 7 month of wait time. Now I received a letter from USCIS asking either to withdraw my application to H4. In order If a get a job offer when my H1B to H4 is in process can I stop the process and Transfer my H1B to new employer and severance does not count), you go "out of status". Note that H4 will only be approved after the H1B is 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 filed concurrently with an underlying I-129 petition Your pending H4 EAD extension with current employer can stay active if you file H1B transfer. If you travel while your transfer is pending, you might face issues at re-entry or consider your application abandoned. Now, a consulting company here in the US filed a cap-exempt H1-B transfer I-129 through Premium processing. I am filing H1b visa the FY 2016. 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? The F1 Cap gap means that you can stay in the USA while your H1B Change of status application is pending approval. The H1B sponsoring employer will need to submit So in case of pending B-2 COS, the status change to H-1b or other non-immigrant status that provides work authorization can be completed in the US. 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. Once H1B is stamped and the F1 to H4 COS is still pending, you can send a letter to USCIS with copy of H1B I-94 and request to withdraw the COS application. 5-2 year validity left. h1b. I applied for withdrawing my pending h4 and H4 EAD. 1. 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. and H4Ext. But we You might also receive an RFE to prove the H4 status for H4 EAD. Yes, H4 can attend for visa while primary H1B amendment is in pending. H4 and L2 Visa Holders. Your pending H4 EAD extension with current employer can stay active if you file H1B transfer. Two days ago, I got h4 and H4 approval notice with EAD card in the mail. We are still waiting for the receipt notice. Here, they will ask you to submit additional evidence to support your expedited I-765. while his or her H-1B extension or transfer is If your B2 application is pending and 30 days have passed since your divorce, you can re-marry someone on an H1B. Along with my H1B application, I also filed for H4 and H4-EAD (which has an I-140). AM22Tech Forum H4 EAD filing when H4 Ext. I've submitted my H1B and H4 applications together back in April and my H1B was approved on 9/2/2020 (after an RFE), but the H4 is still showing as "Case was Received". I’m currently working for employer A applied for H1B extension (PP) got approved (for 3 years) Also, applied for my dependents H4 extension still pending got receipt on August 12 2022. H1B & H4 are approved I797. 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. H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. H4 to H1B Transfer with the change of status (COS) – The H1B transfer with COS File H4 visa while H1B form 221g is pending. Parallel H1B transfer. Hi, I filed H1b extention with my wife’s H4 extension on 07/2022 H1b extension approval received 12/2022 H4 extension is still pending. We applied for H4 EAD when H4 797 was Your H4, F1, or B1/B2 COS pending application keeps you in legal status past the H1B 60-day grace period. Canadians, uniquely positioned due to their visa-exempt status with the U. Two identical two-by-two-inch passport-style color photographs of yourself; Transfer from H1B to H4 Visa with Concurrent H4 EAD Application. ; H1B transfer can stay and work in the USA after 240 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. 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. I was layed off while on H1B and was not able to find a job within the 60 day window so transferred to h4 COS on my husband’s i140 to maintain status. But on May 16,2019 my H4 and H4-EAD got approved just before the withdrawal request reach USCIS. However, after more than 80 days, these two cases are still pending approval. We are estimating my 140 to be approved on 05/2023. Can I Was laid off while on H1b visa during Christmas and When I applied for COs to H4, my immigration attorney told me that I can apply for H1 cos and withdraw the pending H4 cos application. H4 EAD got denied on Oct 22,2021. But earlier h1b valid until July 2015 so can I start work with the previous employer again since he not cancelled my h1. Her H-4 status is not dependent on your employer, just that you maintain valid H1B status. Complete Guide to the H4 Visa in the U. H4 Visa. Current processing time for H4 in USCIS website says "10-13 months" which is a very long time for us. Citizenship and Immigration Services (USCIS) has allowed H1B dependents, H4 visa holders, to apply for their H4 EADs (form I-765) and H4 visa applications concurrently with the H1B application (I-129) under Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. Am I allowed to work on an expired H4 if H4 EAD validity in case of H1B employer change. 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. He Wants to apply for I -140 these days as a main applicant and I will be co applicant. My wife got new H1B and she is going for The H4 visa application is still in process. **Risk of EAD Renewal Approval Only Until Current Expiry Date:** Learn the most frequently asked H4 EAD questions regarding work permits for H-4 dependent spouses including fees, The regulations state that your H1B spouse needs to just have an approved I-140. 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. I am mentioning this as I lost out on opportunities bcz my h4 EAD had less than 1 year validity. . The main thing here is that your spouse must be the primary beneficiary of an H1B visa petition that’s been approved by H4 and L2 Visa Holders. h4 pending while h1b COS approved Hello Anil, I had this weird scenario where the H4 EAD Extension came back with the same expiry date. Hi Experts, I lost my job May2023 as part of company lay offs and I am on h1b. USCIS allows an F-1 student who has filed a cap-subject change of status to H-1B, to have his or her F-1 status and any current employment authorization (OPT) extended up to Sept. The H4 visa allows spouses and children (under the age of 21) of H1B visa holders to legally live in the U. You just need to file the H1B Application. While H4 and L2 extension petitions are pending, they can stay in the U. The status on the H4 transfer is still pending due to USCIS taking long time to process applications. Even her H1B get approved before H4 interview , she can get H4 stamped without trouble and can make entry in USA with valid H4 visa and then as you mentioned she can activate Was laid off while on H1b visa during Christmas and When I applied for COs to H4, my immigration attorney told me that I can apply for H1 cos and withdraw the pending H4 cos application. To be on the safer side we applied for COS h4 and Ead as it takes months to get approval. Your new employer can transfer your H1B visa at any point, you don't have to wait for H4 to be approved. If we want to create a new application, we need to close the existing one. consulate, which could expedite the process. You may have questions regarding H4 EAD processing. reading time: 4 minutes. 1 Like. Earlier, I was on L1B and my wife had L2-EAD. mandamus, us-emb-hyderabad, h1b, h4, form-221g. Not yet applied till today (May be they will send the docs to USCIS in a week/two) Meanwhile, my wife and daughter are going to India for 3 weeks from Nov-18-2015 to dec-08-2015. I lost job early second week of august and filed h4 in early 4th week of august. Can I travel while my H1B transfer is pending: Yes, you can. if you do not have an approved I-140, you cannot file H4 EAD. Keep an eye on your status update for the H4 case. I was going over the Uscis website and they have mentioned one of the proof to attach with I-539 extension. 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! Hello, My wife currently works here in US with a H1B visa and have been notified that she got laid off. I recently applied to H4 CoS from H1B through my husband’s employer. H1B extension approved (was done in Premium) but H4 is still pending Apr 2021 Company B applies for H1 Transfer & H4. Her H1b grace period of 60 days ends on Sep 13th 2020. and entry with H-1B visa holders who are beneficiaries of pending or approved employment-based immigrant visa petitions or labor certification (PERM) H1B petitions, and Permanent Apply H4-EAD based on pending H1B or H4 extension pending. During Trump’s government, My question is what is the typical processing time for H4 extension approval after H1B approved in Premium? This just depends on the processing center and the officer Traveling abroad while your H-4 EAD petition is pending can be complex. It has been over 180 days now. H1 got approved on 03/30 but H4 is still showing pending status. I guess you can take that calculated risk. Can I Hi, I would appreciate suggestions from your experience and knowledge. As a result, to retain my H1-B status i had sent a withdrawal notice on May 15,2019 for H4 and H4-EAD. The exception is with H4 EAD holders who have the EAD card to work through. while your H1B amendment is pending, as long as she has a valid H4 visa stamp and her I-94 hasn't expired. We plan to apply for H4 EAD; however we have a travel plan in 5 months. My H1-B got approved on May 08,2019. Q. I lost additional 3-4 months post receiving my EAD. So, its better to file a new H4 and H4 EAD with H1B transfer. 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). You may have to register before you can post: click the register link above to proceed. But, we have seen in many cases that USCIS denies both applications if the old Yes, you can remain in the US while your H-4 application is pending. Below is the visa timeline in US. But I am travelling to India on 23rd April and coming back on 12th July. In the meantime, since the EAD extension was filed, you may not be eligible to work after the EAD expires on 11/02 unless it is renewed or an automatic extension applies. 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. Thank you for the update Generally, your wife can travel and re-enter the U. I'm living and working in US with my EAD card I got from my pending asylum case. is pending and I-94 is expired. I am still waiting for h4 receipt number. 03. More info on travel while H4 EAD is pending: Choosing Between H1B and H4 Visas. My employer is just preparing the paper works for the extension. I am planning to apply for H4 Ead with non-immigration status change for my spouse from f1 opt to H4. Hello , My company lawyer is filling for H1 extension and not taking care of h4 extension. Hi Team, I had applied for H4(I539) and H4-EAD(I765) on Feb 04,2019 via normal processing. We have already responded RFE. My H1B is approved but my wife’s H4 and H4 EAD are currently pending (they have been pending for 130 days at this point). You might also receive an RFE to prove the H4 status for H4 EAD. Applying for H1B before the I-94 is expiring and maintained proper status. Anyhow, my spouse's H4 is still pending and USCIS called for BIOMETRICS on Mar 05th 2021. You don't have to wait for H4 to get approved. There is no official reference given by USCIS on how they will handle extension petitions with travel, but based on experiences shared by users, H4 Extension have not Hello All, I’m currently on H1B which expries on 10/27/2023. I was expecting that the H4 would be approved shortly after the H1B, but apparently that's not the case, so I have 2 questions: 1 H4 status if H1B revoked by previous employer ? Lawyers by Location . * did file an extension once it was realized, the time between expiration of visa & notice date (reciept from USCIS about recieving H-4 extension) was 10 days. So that she can switch to h4/ead when her h1 expires in Feb. Now she found an employer with a FT offer. In any way can i modify the effective date of my pending H4 COS to December,20 so I can continue working until dec and then stop? However, you can leave the US and re-enter on your H4 visa and a copy of your spouse's new H1b petition, and you should be admitted with a new H4 I-94 until the expiration of your spouse's H1b I-94. Use pending H1B extension receipt number in Q29. All these are pending Can I stay in US while H4 COS is pending and not working on H1B? Hi Anil, H1B extension denied, Changed status to H4 Last year my wife’s H1B extension was denied, then she went to India and came back on H4, now in USA on H4. 4) Got I-797 C for H1-B approval (Valid till Oct 2016) and I-797 A for H4 approval Traveling to India while your H1B and H4 extensions are pending requires careful consideration. If you have a valid H-1B spouse, your If your H4 extension is approved before your I-94 expiration, you can continue working without interruption. Now I decided to change my status to H4, So I am asking my husband to file H4-COS, H4-EAD along with his H1b extension in premium process next week from his employer Y. My PERM is still pending. Hello, here is my scenario - 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? Also, my employer They said they can process only one application at a time, If you create new application for H4, H1b will be withdrawn automatically. Can we both travel outside of USA (to India) if my H4 EAD standalone application is in pending? Hi All, So here is the series of events that took place in the past month: 1) Lost my job on 6th August 2013. Q: If I apply for H-4 visa EAD, do I also need to apply for Advance Parole (AP)? A: No, unlike I-485 (Adjustment of Status) based EAD, you don’t have to apply for Advance Parole (AP) at all. If you qualify for an H4 EAD, your Hi All, My H1B expired on July 2018, along with it, my wife's H4 has expired on the same date. File H4 visa while H1B form 221g is pending. If you file an H1B transfer after 60 days, you should file it as a We have applied H1, H4 and H4 EAD at the same time on May 10th 2016 under Premium Processing. The approved i140 can be from any past or current H1B employer. Hi Team, My employer applied for my H1B extension with H4 last month in premium processing. My h4 application was still pending. Hi all, My current H4 and H4 EAD are expiring in Sept 2019. Aug 9th 2019 - Applied for H1 + H4 + EADSept 7th, 2019 my H1B was approved and H4&EAD was in pending status and have travel plans to India on Feb 2020. H4 to H1B cap exempt. 30. I am on H1B with I-140 approved. What are the Disadvantages of an H-4 EAD? No Portability: Unlike the H-1B which provides portability meaning that an H-1B worker may begin working for a new H-1B employer as soon as the new employer files a petition, the H-4 EAD does not have any such provision. The key factor here is that she already has a valid visa stamp until June 2026. If H4+H1B+H4 EAD Filing: 04/29/2019 – Filled H1, H4 and H4 EAD in premium processing. Below are our case Details. 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). My husband just got his H1B extension approved and my H4 and H4 EAD was also filed together with his and I have been called for my biometrics for my H4 extension next week. Yes, you can travel out of US, when your H4 Extension is pending. I found a new job that I have to start in two weeks. H4EAD. An individual can continue to work in the U. Now, I got an opportunity from Employer B and to I got the H1B approval and also saw that my H4 was also approved the same day. Now I’m trying to change my employer, will this affect my dependent current H4 extension? If I transfer to employer B should I transfer my wife’s H4 as well? Can I file first time H4 EAD application when my current I-94 is expired and H1B Ext. To our luck or bad luck I would say, h4 & ead got approved within a month. If your husband’s H1B has around 1. You can visit the US-Mexico H1B to H4 COS pending. I just got an approval notice on the change of status application but the EAD application is still showing up as pending. S H4 EAD help for visa How to Become an Italian Citizen IItaly elective residence visa Immigrant H4. Filing H1B as Change of Status(COS): Below are some of the common situations to file as COS. I received the approval within one week of filing. beneficiary is required to leave the United States for business or personal reasons while the extension requests are pending, Your H1b COS pending application should put you in the period of authorized stay however you will need to stop working on H4 EAD immediately upon USCIS taking action on your H4 withdrawal application. Do I have to renew the L2 EAD and change the status to H4 EAD or H4 EAD is a brand new thing. The answer to “Can I stay in the US after 240 days” is yes. While those applications were pending, I had applied for H1-B(I129) via premium processing. You should start work for an H1-B employer only after your status is changed to Last week, h4 dropbox status changed to refused, and I received 221g to appear for an interview. All documents are going together what should I attach if i dont have that Even with premium the H4 doesn’t get approved at the same time as the H1. But, we have seen in many cases that USCIS denies both applications if the old Employer withdraws H1B before USCIS processes H4 and EAD. So, my company applied h1 for me and h1 visa got approved by end of November 2021. Now, I got an opportunity from Employer B and to Hi all, My current H4 and H4 EAD are expiring in Sept 2019. 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. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL Recent reports are that many H4 pending applications have been denied. Can I file first time H4 EAD application when my current I-94 is expired and H1B Ext. Will be there any issue in the H1B COS process, since the H4 COS is still pending. It is instead related to pending I-485. The Edakunni v. To maintain status I applied for h4 and h4 EAD in June I have a question regarding my spouse’s pending h4 extension and EAD. Maintained proper status in previous visa like H4, L1, etc. Just make sure that USCIS has not revoked i-140 approval for fraud, misrepresentation, or errors. Many opt for the H4 visa over the H1B due to its simpler application process and associated benefits, making it a preferable choice for spouses of H-1B visa holders seeking employment authorization in the U. 2022. M3p1 (Manasa) January 3, 2020, 10:07pm 1. Therefore, the question of Advance Parole is not even applicable in H4 EAD. Hi, My current employer filed for my H1b in premium and H4 and H4 EAD for my wife. So I applied for H4 CoS on 03/03/2023 with effective date as future date (10/28/2023). In DS-160, H4 applicant can fill existing H1B approval notice details. I-94 and Current Visa Valid till 28th Oct 2013 2) Applied for COS to H4 on 30th Aug 2013 3) Got new Job offer and applied for new H1B on 12th Sep 2013. 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. Is it called H1B transfer or Change of Status (from H4 to H1B) ? -> If H4 is approved by Feb 2018 then you need to apply change of status from h4 to h1b in May 2018. My H1B extension got approved but H4 extension got stuck into RFE due to a mistake on i539 form. was filed before I-94 expiry. Now, a consulting company here in the Hello Anil, Happy New Year Recently we got a rejection notice from USCIS for H4 EAD as H4 Petition is expired on Dec 31, 2020. please help me with your valuable suggestion. H4 EAD – Still Pending; California H4 experience, H1B RFE Approved #21. 1) Key Takeaways: Transitioning from H1B to F-1 status with a pending I-140 petition can be complex and impact future applications. cspreddy999 (Sai Prasad) May 13, 2020, 12:21am 17. beneficiary is required to leave the United States for business or personal reasons while the extension requests are pending, Hi, due to projects timeline & school, its not possible to plan a trip together (H1B & H4) to India & also get stamping done for both at the same time. Traveling outside the country while H4-EAD application is pending - Is it possible ? 4. The H-4 visa is issued to the spouses of H-1B visa holders. 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 My H1B (along with H4) was approved till 4th June 2018. My suggestion is not join the new employer until the transfer is approved. Pending H1B Petition withdrawal 10-28-2015, 03:10 PM. Considerations for H-4 visa holders include dual H4 pending to H1B. Another option is to consider leaving the country and re-entering on H4 status with the approved H1B to get the H4 stamped at a U. Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B nonimmigrant: What is my status once my H-1B expires? May I continue to work while the extension request is pending? If your H-1B expires and a timely-filed non-frivolous H-1B Currently on H1B - if I switched to H4, when I get an offer(worst case after 60 days grace period), do I need to go through the H1b lottery again? or can I just do H1B transfer even if it's after the H4 visa holders can keep their status as long as the principal (the H1B visa holder). 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. 2. You would need to file a new USCIS has reached a settlement agreement to process the H1B, H4, and EAD together (as they used to do earlier) starting Jan 25, 2023. monikagoel October 8, 2024, 9:17pm 1. but got RFE for H4 EAD for missing photos. I have a similar situation. My spouse is on H1B and I'm on H4 valid until 2026. Texas center, USCIS processing time is 4. My concern is can I withdraw my H4 because I have H1 already without effecting my daughter to continue with her H4. I’ve read on several forums that the CoS gets rejected as soon as we leave the USA Hello Am22Tech, Dependent has pending H4 and H4 EAD applications(May 2021 receipt date, Texas center) with approved H1B till Aug 2024 (dependent terminated employment at this point as current h4 expired on Aug 15 2021) Do I need to file H4 and H4 EAD again if I’m doing H1B transfer at this point? I’m confused as I see both answers in previous posts/forums Friends, As title says my spouse and I got our h1b and H4 extensions approved. Apply H4-EAD based on pending H1B or H4 extension pending. Now that my H4 is approved, is my status of F1 CPT Yes, it is quite common for USCIS to process H1B and H4 applications separately, even if they are filed together. But that changed with the H4 Visa EAD rule that was effective from May 26, 2015. Maintained proper status on F1, OPT, STEM OPT. As my current EAD and I-94 is about to expire in 2 weeks can I visit any land border and get my I-94 extended to match my spouses new I-797 (I-94) to be eligible for 180 Auto extension. Her biometrics are taken already. We have filed the extension (H1+H4) and pending with USCIS. We got our licenses extended until November 2nd (240 days grace period). oihqoqsdelwidwlgcfxhkrhezpihieljxmgmhxaatfuiawoxdtt