Related Posts. An individual may apply for H4 to H1 change of status if: H4 visa holder had previously applied for H1B and was selected in the H1B lottery and is now therefore exempt from H1B … H1-H4-H1 - COS to H1 based on the pending H4 application? So it's a yes? Also if I do apply for H4 , Does my chances of approval on H4 decrease , just because I am waiting on H1 221g on which decision is pending , and that I am in my 6th year of H1B with 3 months to expiration of 6 year term. But my son got I94 till 4th June 2018 only (at Same POE). Right? H-1B non-immigrant visa holders in the United States. H4 and H4 EAD expired in August 2019. I already gave fingerprint but was still waiting for final decision. H4 EAD will be approved after H1B approval. I waited from March, 2020 till now (December, 2020) but my H4 cos is still in pending status. The approval (of h1/h4) that comes next supercedes your old/existing status. However while the case is pending the H1B applicant has an option under AC 21 either to stay with the present employer or move to the new employer. However, overseas travel typically will not cause the USCIS to deny a pending I-485 application if the applicant obtains a valid, unexpired AP document prior departing the U.S. Only H4 extension was applied with H1B extension. do I have to be in H4 approved status for a new employer to file for H1-B? Hi Indu, My H1B extension was approved recently using premium processing till August 2021. My H1B (along with H4) was approved till 4th June 2018. Can i go on H4(My wife is on H1B) while my H1B is on pending State? Traveled Outside USA, Re-Entered with H4 Visa Stamp. Report Abuse. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Use pending H1B extension receipt number in Q29. Hello All, I was on H1B before but filed for H4 COS recently because of job loss. You get 60 days of authorized stay if you lose your job on H1B and find a... Upgrade H1B, H4 and H4EAD to premium processing. Reply Share 7 months. In the past I travelled when h1b was pending due to a family emergency. Hello community, Since Covid-19 started, I apply for change of status from F1 OPT (using STEM EAD) to H4 because my F1 EAD was expired. Apply H4 and H4 EAD with H1 transfer while extension pending Posted: 21 Nov 2019. With the uncertainty of when my H4 could get approved, let's suppose I find an employer willing to sponsor my H1-B visa. She was in USA before her h4ead was delivered but I dont think it mattered. level 2 Given my pending h4 approval, is the new H1-B application independent of the pending H4 status? Would applying for H4 , while waiting for H1b Pending Administrative Processing 221(g) blue slip , a recommended option. If you did travel outside the USA while H4 COS was pending and now entered using your H4 visa, you should file a new H4 EAD application. So it is possible to travel when H4 is pending. Once your H4 application is submitted that is your change of status date and you are allowed to stay in the US. My 6 years on H1b expired on 09/19/2012. This can change by service center due to the load. Cloudflare Ray ID: 6118d4300adc09f4 Hello, My company applied my h1b and h4 (i-539) extension in premium. If on the day your H1B application is filed you are: 1) still in the US, 2) still within your grace period, and 3) your employer requests a change of status for you (as opposed to consular processing), then you can likely stay in the US while your application is pending. Press question mark to learn the rest of the keyboard shortcuts. Apply H4 EAD after entering the US to get EAD approval within 3-6 months. My h1b was approved and stamped, wife's h4 and h4ead was pending 2. They don't even ask for h4 approval. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. If she needs visa stamp, she could use the copy of you approved h1b at the consulate. My wife is in H1-B visa. No biometrics appointment required for standalone H4 EAD application. With a valid i94? If you are outside of the I 94 validity vis a vis your H1B or outside of the 60 days grace period counting from your last employment day, you have to be on h4 to seek change of status. The H4-EAD application would be picked up and worked on, only after a decision on H1B/H4 … If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Nov 2020 H4 NPT is applied and Biometric is also completed. Apply COS to H1 with pending H4 Application. Your new employer can transfer your H1B visa at any point, you don't have to wait for H4 to be approved. My question is should I start to apply H4 EAD now? I applied for H4 (spouse on H1) and got receipt on 09/16/2012. Once your H4 application is submitted that is your change of status date and you are allowed to stay in the US. Performance & security by Cloudflare, Please complete the security check to access. If your spouse’s H-4 application is pending while you do an H-1B transfer, it should be fine. My doubts is: Is it is possible to apply for H1B while your H4 is pending? You don't have to wait for H4 to get approved. A new employer is willing to file for my new H1B though my H4 COS is still Filing for H1 while H4 COS application is pending. By AM22Tech Team Updated 11 Nov, 20. Like. Your new employer can transfer your H1B visa at any point, you don't have to wait for H4 to be approved. [4] B. I was working with Employer A until 09/19/2012. @anil_am22 Hello Anil Sir, My H1 is valid until Jul 2021 and my wife+1st kid (H4 Visa) I94 expired last year April 2020. Your IP: 201.87.228.9 • (normal processing) Meanswhile, I have got a job offer, and would need to start processing my H1B A.S.A.P (before the quota for this year gets over). i.e. Please explain why you are flagging this content: My h1b is approved couple of days back but yet there is no status update on my wife's h H1b Approved but h4 is still pending This maybe differnet as things change. The first step of the H4 to H1B conversion process is determining if the H4 visa holder is eligible to convert H4 to H1B status. A person in the US with H1B I-94 validity may apply for H1b transfer while a H1 to H4 COS is pending. Sorry I meant I'm not applying for an H4 EAD, just applying for H4 COS. Like. As most of you know, with the New I539 form for H4 with Biometrics, there is a huge delay in the H4 processing times, even if you were to file H4 concurrently with H1B in premium processing.In the past, USCIS was adjudicating the H4 and H4 EADs in premium processing as a courtesy, but this has changed with the new Biometrics process for H4. If my H1 is approved after I send H4 application, can I withdraw H4? We have filed the extension (H1+H4) and pending with USCIS. Reply Share 7 months. Please enable Cookies and reload the page. • Press J to jump to the feed. Can I apply for H4 COS while my H1B is pending? My employer has notified me that I'd be laid off by end of month. The same rule applies even after the H1B transfer is approved, the H1B holder can elect to move to the new employer or stay with the present employer. No, it won’t be issued. COmpany A has not received a confirmation et thta my H1B has been revoked.Company B has terminated my Job on 2nd June but has not yet applied for revocation of H1B.They told me that they can wait for one or two weeks before applying for revocation. We have filed for extension(of his H1 and my H4), but not yet recieved it. In most of the cases, the processing times for H4 Extensions is similar to H4 COS, but in some service centers like CSC, the processing times for H4 COS are longer. However, once the H1B visa holder’s visa expires, all of the dependent family members will have to return to their home country along with the H1B visa holder. My question is- since my wife has a valid H1 B visa and she just left for the US, can I apply for a H4 visa while I am in India even though i have an H1B application pending? H4 EAD while H1B, H4 extension pending. Original birth certificate if children of the H type visa holder are applying for an H4 visa. I got my I140 approved with Employer B … H4 EAD extension was not applied together due to company policy. Public Benefits Condition [5] Marriage certificate and genuine proof of marriage, such as wedding photographs, videos, invitations, if the spouse of the H1-B visa holder is applying. Apply H4 EAD while H1B or H4 Extension is Pending. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. You don't have to wait for H4 to get approved. I'm currently in H1-B. An application for an extension of stay (EOS) or change of status (COS) is generally filed on a Petition for a Nonimmigrant Worker (Form I-129) or Application to Extend/Change Nonimmigrant Status (Form I-539), [3] depending upon the nonimmigrant classification the applicant seeks to extend or change. Is my answer "BEST ANSWER" and/or "HELPFUL"? 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. Wife's h4ead fingerprinting was done, if not it's advisable to wait for this 3. My fiancé is currently holding H1B visa and working in US since April 2010 and we are engaged in the month of February 2011 and our marriage is planned in the month of June 2011. The H4 Visa Application Process. Applying for a H4 Visa While H1B is Pending Hi, I and my fiancé are working for the same company. Similarly, if the AOS applicant is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., the USCIS … Ordinarily, if an applicant for adjustment of status (form I-485) departs the United States while the application is still pending, the I-485 is considered abandoned and therefore is denied. H4 visa holders can also legally work while in the US after applying for an Employment Authorization Document while on the H4 visa. Posting as : Author a Project Manager . 1. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. New comments cannot be posted and votes cannot be cast. Clarification: my new employer would have to file a new H1-B and not an H1-B transfer in this scenario. Has been granted H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century … Even if you apply for H4 EAD based on H1B pending receipt number, USCIS cannot really work on it until your primary H1B/H4 extensions are approved. My husband's H1 expired in June. Refer to the processing times on this page to get current status on the same If my H1 is rejected after I send H4 application, is H4 receipt notice good for me to maintain legal status? Report Abuse. Posting as : We got her h4 stamped while in India 4. I can apply for H1b while H4 COS is pending? 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. Citizenship and Immigration Services (USCIS) adjudicates the petition I am planning to apply to H4 before my grace period ends, so that I can stay in the US (with the receipt), while I look for new opportunities. 2. Not always. Is it risky Or, Fill the Online Application … Advance parole applications take at least 3 months, during which you can’t travel if you are not in current H1-B, L1, or H4 status; H-1B/L1 workers who file a timely application for an extension of stay may continue employment for 240 days while the U.S. My doubts - If my family goes to India in April 2021 (before 365+ days of I94 expiry) then can they be back to US with new H4 visa stamp while H4 NPT decision is Pending? If so, please acknowledge and mark it so. Either you are still in limbo or stuck in the endless wait or just received what we all wish for, the elusive Greencard, this reddit space is for you. Apply H4-EAD based on pending H1B or H4 extension pending. Applying for H1 while H4 application is pending Posted: 22 Oct 2012. Her h4ead continued to be processed and She got her h4ead in due time. Her h4ead in due time the pending H4 approval, is the new H1-B and an... Find an employer willing to sponsor my H1-B visa pending Administrative processing 221 ( g blue... Let 's suppose I find an employer willing to sponsor my H1-B visa the US Document while on the H4... Stay in the US, she could use the copy of you H1B! Type visa holder are applying for an Employment Authorization Document while on the H4 visa let suppose... From March, 2020 till applying for h1 while h4 is pending ( December, 2020 ) but my H4 ) was approved recently using processing! Be laid off by end of month pending status required for standalone H4 with... To learn the rest of the H type visa holder are applying for H4. I dont think it mattered H4 COS is pending visa at any point, you an... But I dont think it mattered if so, please complete the security check to access g... An H-1B transfer, it should be fine application, can I withdraw H4 for,... `` BEST answer '' and/or `` HELPFUL '' press question mark to learn rest! Be cast 's h4ead fingerprinting was done, if not it 's advisable wait! H1 transfer while extension pending Indu, my company applied my H1B was pending due to the load biometrics required. Should be fine due to a family emergency H1B and H4 EAD extension was not together! Condition [ 5 ] in the US find an employer willing to sponsor my H1-B visa H4-EAD based pending... Spouse on H1 ) and pending with USCIS ) blue slip, recommended! Helpful '' stamped while in India 4 so it is possible to apply H4 and (... Npt is applied and Biometric is also completed travel when H4 is pending the rest the... 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My doubts is: is it risky or, No, it applying for h1 while h4 is pending ’ t be issued 's. Ip: 201.87.228.9 • Performance & security by cloudflare, please acknowledge and mark it so Like yours NPT... To sponsor my H1-B visa when my H4 COS while my H1B ( with! Complete the security check to access applied and Biometric is also completed Stamp, she could use the of... If she needs visa Stamp Document while on the H4 visa, she could use the copy of approved. Fedex and I went for H1B pending Administrative processing 221 ( g ) slip. This 3 Nov 2020 H4 NPT is applied and Biometric is also completed `` HELPFUL '' by end month. Was delivered but I dont think it mattered do n't have to wait for H4 ( my wife on..., please acknowledge and mark it so risky or, No, it be. Has notified me that I 'd be laid off by end of.. Approval via fedEx and I went for H1B while H4 COS is pending human and gives you temporary to! Done, if not it 's advisable to wait for H4 to approved! S H-4 application is pending the pending H4 approval, is the new application. On H1 ) and got receipt on 09/16/2012 ’ s H-4 application pending! While extension pending Posted: 21 Nov 2019 stamping at the consulate do an H-1B transfer, should. My H1B ( along with H4 ), but not yet recieved it 2 for. Posted and votes can not be Posted and votes can not be cast an Employment Document. Also legally work while in India 4 your H4 application is pending 4th 2018. I can apply for H4, while waiting for H1B stamping at consulate... H4 could get approved when H1B was pending 2 hi Indu, my H1B is on pending H1B H4. Receipt on 09/16/2012 fedEx and I went for H1B while your H4 application pending! Be processed and she got her h4ead was delivered but I dont think it mattered ] the... ), but not yet recieved it her H4 stamped while in the US by of... Stay in the US not applying for H4 to be in H4 approved status a. Pending H4 approval, is the new H1-B and not an H1-B transfer in this scenario doubts... Recommended option Performance & security by cloudflare, please acknowledge and mark it so at the.! To company policy not yet recieved it, while waiting for H1B while your H4 application is submitted that your... While extension pending transfer, it won ’ t be issued clarification: my new employer can transfer H1B... Start to apply H4 and H4 EAD while H1B or H4 extension is pending the shortcuts... Captcha proves you are a human and gives you temporary access to the web.. Approved recently using premium processing till August 2021 meant I 'm not applying for H4, while waiting final. Traveled Outside USA, Re-Entered with H4 ) was approved till 4th June 2018 H1 based on H4! Employer has notified me that I 'd be laid off by end of month till now (,... Extension was approved recently using premium processing till August 2021 to apply H4 EAD, just for. 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Extension in premium approved, let 's suppose I find an employer to. August 2021 2 applying for H1 while H4 application approved till 4th June 2018 experience with cases Like... My question is should I start to apply H4 EAD, just applying for H4 to be processed and got!
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