H1b Approved But H4 Pending 2019

Q, Both, H1b petitioner and the dependent can depart the US without being the extension of status petitions getting denied. I also have the i94 copy for H4 approval. H4 status still showing case pending. While in H-4 EAD status, you can work for anyone without limitation other than your H-1 spouse has. This answer assumes you did not violate your H4 visa status prior to leaving the USA, for example working for the employer "as if" you already had the H1B C/S. Approved I-140: H4 visa holder can work, if the spouse ( H1B holder) has an approved I-140 ( immigration petition for foreign citizens to get Green Card or Permanent Residency in America. If you are in an immediate relative category (spouse, parent or unmarried child under 21 of a U. An Employment Authorization Document (EAD) allows a non-U. 10 Points to remember when answering a RFE (Request for Evidence) from USCIS (Immigration Services) A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. H1-B status is yet as Case was received. 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. The iCERT application provides employers and their representatives (i. Downloads H1B/H4 Visa Templates. Principal H1b non-immigrant should be a primary beneficiary of an approved Form I-140 Immigration petition. Our I-94 expired on Oct 2nd. H4 Status Expired While Change of Status Was Pending, Now Out of Status Hi All I have a few visa related question. 07/12/2019-> H1B Approved; 08/24/2019-> H4 Fingerprint Has Been Reviewed; 09/05/2019-> H4 Approval Notice. How much time does it take to change status from H4 to already approved earlier H1B? 4: April 23, 2019 H4 COS + H4 EAD pending. The number of petitions received, approved, denied, and pending are displayed for each fiscal year. The H1B visa program is designed for and made available to F1 students to achieve this goal. Is it better to get H4 stamping in. Since you mentioned this, I am assuming you applied for H4 along with H4-EAD. Both the spouse & dependent spouse must be eligible for H1B and H4 nonimmigrant status respective. For H4 Case status says application received when i have an approval H4 i797A original in my hand. The application is still with USCIS and not yet approved. But my H4 is about to expire how can I extend? do I need to extend? or do I wait for the H1B to be approved? Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U. You should include the RFE response with the premium processing request. Background on Site Inspections. Though it will not be as complicated as when you first filled for H4 visa ead. But I am travelling to India on 23rd April and coming back on 12th July. If you must travel while your extension is pending and your H-1B status has expired, you will need to remain outside of the U. H1B petitions that were filed under Normal processing Time Frame: USCIS has begun adjudicating the H1B petitions filed under normal processing program on or after April 25. Once their H1B extension has been approved, they want to file H1B transfer even though their H4 and H4 EAD are still pending due to lengthy processing time after biometrics. > H1B Visa Extension Rule Changes Mean Tougher Approval H1B Visa Extension Rule Changes Mean Tougher Approval The H1B non-immigrant work visa continues to attract the attention of the Trump administration, and even without any new legislation there is wave of new rules and regulations. Sriharsha Gudla whose wife is an H1B professional in the US filed petitions for renewal of his H4 visa status and work permit on January 14, 2019. Hello, My H1B transfer is approved after RFE and upgrading to premium processing, process took around 217 days. A fiscal year runs from October through September of the following year. Now, H4 and H4 EAD, both applications are pending. I am in constant touch with the DSO and he says the h1b withdrawal acknowledgement from uscis is needed to do the sevis data fix. Straightaway, the gap between the universe of approved H1B petitions and extensions minus the total number of H4 EADs is an entire generation of H4 visa holders which falls between the cracks. You may apply for. 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. I am on H1B (6+ years, 2 years left on H1B, I-140 Approved). What cannot get with H4 Visa? An H4 Visa holder cannot obtain a Social Security Number. It was a change of status from H4 to H1. Things got work out very well for me as premium processing was resumed by USCIS. Petitions (Forms I-130 and Forms I-140) approved by USCIS in the United States are sent to the Department of State's National Visa Center (NVC) for pre-processing. When your petition becomes current, or is likely to become current within one year, the NVC initiates immigrant visa pre-processing. My husband is on h1 with a recently approved petition till next 2 years. H1B regulations changes for 2019 I H4. If your application is selected in the lottery and your change of status request is approved, congratulations! You can stay in the US until October 1 when your H1B status takes effect. Embassy in New Delhi. If I transfer it with new company name from my current employer. H4 EAD Processing Time 2019. Compare that with these numbers: In the 10 year period from 2007 to 2017, a total of 2,237,478 H1B petitions have been approved for Indians. once her H4 EAD is approved i believe she can work at-least until October 2019 until the validity of my H1b(october 2019). But make sure you file H4 extension petitions for them before their H4 status expires. H1B Visa Approvals For FY 2019 Rolled Out. So far, i never went to stamping / visa interview. I am getting married and my wife will apply for H4 on May 2nd week but my current H1B expires in June 25th. If she got approved I-539 based on my current H1B, will her H4 be valid with my new H1B (transferred) or she need to apply another I-539 at the same time when I will start. Elizabeth was in H4 status and an H1B Change of Status petition was filed on her behalf. You must have an approved I-130 petition AND a visa must be available to you. What cannot get with H4 Visa? An H4 Visa holder cannot obtain a Social Security Number. Join the Conversation on Capitol Hill for NDA. I have approved H1B petition from my last employer. This week several attorneys reported that USCIS started adjudicating and approving H1B petitions, i. My employer upgraded my H4 to H1 COS in premium and it got approved. ), but forgot to mail H1 approval. Sriharsha Gudla whose wife is an H1B professional in the US filed petitions for renewal of his H4 visa status and work permit on January 14, 2019. My H4 VISA is going to expire next month, can I travel to India in this scenario?. h1b, h4, spouse Can a Spouse of an H1B Visa Holder Work In the US? Until 2015 the spouses of H1B visa holders were not permitted to work in the US, unless they had secured their own H1B visa sponsor and petition approval. In January 2019, DHS approved a new merit-based H1B lottery system which is set to begin on April 1, 2019. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now. H1b visa Interview questions and answers covers almost all the topics. My employer upgraded my H4 to H1 COS in premium and it got approved. ), but forgot to mail H1 approval. To answer your question, yes she can travel out when her extension is pending. Read 1 Answer from lawyers to My h1b extension is pending with USCIS,My wife is H1B valid still 5/2020. When my wife goes for H4 visa stamping in India, will there be any issue (Because she traveled when H4 visa was pending)? Can my wife travel on L2 with valid visa while I applied COS from L1B to H1B? Can my wife travel outside the US while H4 is in extension? Can a H4-dependent travel after extension filled?. My approval is pending with biometrics done. 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. H4 EAD Status: Have you applied for H4 EAD through USCIS and you want to know the status of your Employment Authorization Document or Work permit? You can check the status with various methods once you have applied for the H4 EAD with USCIS. The applicant is qualified to apply for H4-EAD if the H1B visa holder, the main beneficiary has been approved using form I-140 (Immigrant Petition for Alien Worker) or has been granted H1B status as was amended and put into action by the Department of Just Appropriation. H1 + H4 + EAD filed on Apr 11. Processing times for the H-4 EAD are currently approximately 5 months to a year. After Sep 30, you would have to stop working, but remain in the USA based on pending H1B Visa application. DHS will not be able to revoke H4 EAD until Nov 2019 - My opinion. The first set of H1B visa approvals for FY 2019 were rolled out this week. I also have the i94 copy for H4 approval. Our reader community have been actively contributing their experiences in comments and many user directly to us, you can check all of it at : H4 Extension Biometrics Experiences with New I-539 Form. Generally speaking, if a person travels while an H1B petition is pending, any change-of-status request would be abandoned and the case could be approved only for consular notification. Biometrics is a new process for I-539 (read H4 visa). The filling fees include the standard H1B Visa filing fee of $320(Form I-129), Fraud Prevention and Detection Fee of $500, ACWIA(training) fee of $1,500, optional premium processing fee of $1,000, and new Public Law 114-113 fee of $4,000 for petitioners who employ 50 or more employees and more than 50% of those employees are in H-1B or L-1 nonimmigrant status. What type/kind of visa are you applying for? When did your husband get his stamping? Why do you need a visa to U. H4 approval notice is not needed) and the officer will issue an I-94 until your H1B petition expiry date (as long as your wife's passport is valid for more than 6 months). Even though H4 EAD application cannot be applied in premium processing, you can take advantage of the H1b premium processing in certain scenarios. Citizenship and Immigration Services (USCIS). We are planning to apply concurrent filling COS H4(I-539) and H4 ead (I-765) with future effective date which is June 16th 2019(right after OPT ends), is that possible? can we expect USCIS approved both at same time and give us approved H4 and H4-EAD. Processing time for H4-EAD as of today (25-Jun-2019) for California Service center as per Processing Times is 2. You must have an approved I-130 petition AND a visa must be available to you. You should leave immediately, wait for the h1b approval and process at the US Embassy. My H1B Visa 2019 prediction: 15% to 20% less applications compared to last year. I am in my sixth year and my visa expires in Sept. Join the Conversation on Capitol Hill for NDA. Recent & Latest US visa interview questions, experiences for F1, H1B, H4, L1, E3 candidates. Principal H1b non-immigrant should be a primary beneficiary of an approved Form I-140 Immigration petition. Her H4 I-94 validity was until August -15th 2019. Approval for H4 and H4 EAD is until August 2022. If you are changing employers, you may travel while the U-M H-1B petition is pending. What effect does that have on her H1B? What were her options to return to the US?. Principal H1b non-immigrant should be a primary beneficiary of an approved Form I-140 Immigration petition. I am supposed to start with employer B by 1 October 2019. I got my H1B this Oct 2019, it was a COS from H4 to H1. Hi , I have my H1 B approval till October 2019 with I-140 approved, i recently got married and brought my wife on H4 VISA , I want to apply for H4 EAD for her. Before someone can apply for a green card (through family), two major conditions must be met. H1B News- USCIS Rolls out H1B Approvals. Inquiries on visa cases in progress overseas should be made to the appropriate U. This will allow these nonimmigrant visa holders to take advantage of the 10-day grace period from the moment they are admitted to the U. On Feb 22nd 2016 my H1B was approved, but my spouse H4 was transferred to Vermont center from California center stating "jurisdiction". The H1B was approved when she was abroad. 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? I'm not sure if this would cause any issues- Since the H1B visa (if approved) would only come into effect Oct 1st 2013, could I apply for the H4 visa and be in the US till. Diplomatic Mission to India under the direction of the U. Compare that with these numbers: In the 10 year period from 2007 to 2017, a total of 2,237,478 H1B petitions have been approved for Indians. My spouse came to usa on h4. Hi Guys, My H1 and wifes H4 (transfer) to new employer was submitted on Mar 9th and Mar 20th we got RFE and laywer responded on same day. Yes, you can upgrade your h1b transfer and h1b application case to premium processing. Questions about the H4 and H1B Visa. I am in exact situation as yours. My employer has sister company B at same physical location of company A, and he is ready to move all my pay stuff and everything to sister company and ready to do E-verification of company B. You should frame your answer according to your experience and data available to you. Since there's pending Rule Making by DHS to Remove H4 EAD. Now i have requested my attorney to send h4 withdrawal. I have approved H1B petition from my last employer. You must have an approved I-130 petition AND a visa must be available to you. H4 EAD Eligibility. Most of the user's driven forum and online tracker do share information about the most recent EAD approval. 14 Oct, 2019, 10. My H4 VISA is going to expire next month, can I travel to India in this scenario?. For those who may have been counted against the H1B cap earlier and not yet used the full 6 years H1B time frame or have an approved 1-140 labor certification could possibly revert to H1B status. It is better that you upgrade your pending H1B application with premium processing and avoid all other hassles of filing H4 extension. You should not overstay more than 6 months or you can be barred from coming back for 3 years. Since the New I-539 form with Biometrics this year, many of you have been waiting for H4 Approval timelines and we absolutely had no data. , attorneys/agents) a secure and reliable means to access case information across all of the supported visa type programs (H-1B, H-2A and H-2B) and to file Prevailing Wage requests. We applied to extend her H4 status on May 30th. Sriharsha Gudla whose wife is an H1B professional in the US filed petitions for renewal of his H4 visa status and work permit on January 14, 2019. The start date requested on an H1B visa extension must be after the time when the Labor or I-140 petition has been pending for over 365 days. The H4 EAD is a work permit for spouses of H1B workers who have been approved for green cards and are yet to get those in hand. A: Your better option is to apply for an H1B visa, based on the I-797A approval notice. Any US Visa Renewal or H1B to H4 or H4 to H1B - F1 to F2, F2 to F1 - Change of status stamping or Consular processing (I-797B). Pressured by the ongoing litigation challenging H4 EAD program. Her H4 I-94 validity was until August -15th 2019. Any individual with advanced US degree who is not selected in. The attorney forgot to file for an H4 extension along with my spouses H1B(premium) extension. Biometrics is a new process for I-539 (read H4 visa). How to get a 6th year extension when there is no time to for 365 days pending for the labor certification, & perm is on audit? Caller: My H1 is going to expire this year July my company has filled the form but the form got audited so just I'm curious to know that. H1B Visa Approvals For FY 2019 Rolled Out. HI Guys, I wanted to check if others have experienced similar delays and how long it took them to get their spouses H4/H4-EAD after their H1 was approved in H1 Approved in premium but h4/H4- EAD Pending- Nebraska Service Centre. 07/12/2019–> H1B Approved; 08/24/2019–> H4 Fingerprint Has Been Reviewed; 09/05/2019–> H4 Approval Notice. Or will she loose her work permit if I switch H1B to a new employer. Hello, My company applied my h1b and h4 (i-539) extension in premium. I got picked in the H1B 2019 lottery and got an RFE, while on H4. Even green card applications can take months or years to receive approval (or denial) from USCIS. I don't think so. Hi Guys, My H1 and wifes H4 (transfer) to new employer was submitted on Mar 9th and Mar 20th we got RFE and laywer responded on same day. The petition eventually got denied on 12th August 2019. My h1b was approved for this fiscal year but as i changed employers the h1b was withdrawn before oct1st ( sept 17th,i have ups proof of delivery )but still the stem opt status shows inactive on sevp portal after oct 1st. My wife is also working on H1B, her visa is valid till May, 2020. I had all the paperwork I needed to travel while it was pending: - Valid H1B stamp - Letter from employer, stating that I currently work there and that my H1B amendment case is pending. Immigration records for individuals who already immigrated to the United States and have been issued a permanent resident alien card, also known as a “green card,” are with the Department of Homeland Security, U. Processing time for H4-EAD as of today (25-Jun-2019) for California Service center as per Processing Times is 2. Last week we got an official update from that USCIS completed data entry for H1B petitions. Be confident and always answer in a straightforward manner. Since H1B premium processing is not available until Feb 19, 2019, your H1B and H4 extension approval will also take quite long. A fiscal year runs from October through September of the following year. But, if that does not happen, your status will change. Approval for H4 and H4 EAD is until August 2022. H1B is an specialty occupation and in order to get an approval, it requires knowledge and experience. Steps after Selected in H1B visa lottery : If you are selected in H1B Lottery, your employer/ immigration attorney will get a copy of the H1B receipt notice. keep in mind that the h4 did allow you to work and go to school. You should frame your answer according to your experience and data available to you. For H1B the below is applicable The 240 day provision states:. The attorney forgot to file for an H4 extension along with my spouses H1B(premium) extension. Center Current Processing cases filed ON or AFTER Wait Days Wait Months CSC - California Apr… It is currently taking about 150 days. The H4 EAD is a work permit for spouses of H1B workers who have been approved for green cards and are yet to get those in hand. By: Shah Peerally Esq. In a nutshell, derivative benefits flow through the main visa or green card applicant allowing a spouse or unmarried child under the age of 21 to immigrate at the same time. 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. I wanna know if I can withhold taxes on W-4 by choosing options as shown in the picture below. My husband got H1B extension approval, but mine and child's H4 Extension still pending with USCIS. [美国H1B/H4签证] H1B approval notice 疑问: MRAAAA 2019-7-8: 2355 [美国H1B/H4签证] 你好,今年抽中了H1,但是当前公司不想给激活,怎么办? 匿名 2019-7-6: 5577 [美国H1B/H4签证] H1b RFE Pending, 入职时间被推迟,对策? butterknife0204 2018-8-21: 3789. Applications must be submitted through CBP’s Trusted Traveler Programs (TTP) website. > New H1B Visa Rules That Will Benefit Foreign Workers New H1B Visa Rules That Will Benefit Foreign Workers While non-immigrant job seekers in the US await changes to the H1B visa program in a Trump administration, the USCIS has quietly changed a few rules making life easier for current H1B visa holders. LSU International Services Office How To Complete Form I-9 for International Employees and Permanent Residents A guide for Human Resource Representatives to ensure compliance with immigration regulations when hiring foreign workers Loveness Schafer April 18, 2011. But I am travelling to India on 23rd April and coming back on 12th July. Due to some reasons my employer revoked my H1B. The program is called the H4EAD program because it provides Employment Authorization Documents to people who get H4 visas, which are allocated to the spouses of H-1B visa-workers who have won initial approval to become immigrants. The application is still with USCIS and not yet approved. Now, the USCIS appears to be using pre-adjudication site visits to verify information in H1B petitions prior to making a decision on some of these pending cases. H1B + H4 approved on same day by Nebraska on Aug 6, 2019 after biometrics: H4 EAD approval in premium after biometric The trick that seems to work here is to to upgrade your H1B + H4 + H4 EAD to premium immediately before or after your Biometrics is completed. Bold H1B Visa 2019 Predictions - Can Number of H1B Visa applications hit 300,000 this year for the first time? Major Factors for Increase in Cap Count - H4 EAD COuld be Revoked, Lottery Could be Replaced with Minium H1B Visa Salary to 100k, etc. Senate Scheduled to. Can i travel based on the approved petition of my husband?. 65,000 H-1B visas were made available each fiscal year, out of which employers could apply through Labor Condition Applications. H1B and H4 pending approval Posted: 24 Jun 2010. You have been out of status since 07/08/2014. The Great Diwali Discount! Unlock 75% more savings this festive season. A: Your better option is to apply for an H1B visa, based on the I-797A approval notice. Can i travel based on the approved petition of my husband?. My H1B petition was approved for consular notification. However, there was no employment and she could not get started working on H1B from Oct 1. My h1b was approved for this fiscal year but as i changed employers the h1b was withdrawn before oct1st ( sept 17th,i have ups proof of delivery )but still the stem opt status shows inactive on sevp portal after oct 1st. Your husband changing employers will not impact the pending H4 or the EAD application since he will still presumably be maintaining H1B status. What effect does that have on her H1B? What were her options to return to the US?. 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. My employer has filed for H1b extension last week under premium processing and also applied for H4 concurrently and H4-EAD for my wife. Hi Guys, My H1 and wifes H4 (transfer) to new employer was submitted on Mar 9th and Mar 20th we got RFE and laywer responded on same day. For those who may have been counted against the H1B cap earlier and not yet used the full 6 years H1B time frame or have an approved 1-140 labor certification could possibly revert to H1B status. My H1B extension is currently being processed, at the same time I have already applied for H4, which is also pending approval. H1B petitions that were filed under Normal processing Time Frame: USCIS has begun adjudicating the H1B petitions filed under normal processing program on or after April 25. On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U. Is it possible that these two categories will be approved, or only one will be approved and the other will be disregarded? b. My H1B Visa 2019 prediction: 15% to 20% less applications compared to last year. If your visa application is approved, your passport and visa will be available for pick up at the U. 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. H4 EAD Removal Proposed Rule Submitted to the OMB 02/20/2019. Case pending with VSC as of now and expecting a result in mid Feb'2018. H4 EAD Status: Have you applied for H4 EAD through USCIS and you want to know the status of your Employment Authorization Document or Work permit? You can check the status with various methods once you have applied for the H4 EAD with USCIS. Now i have requested my attorney to send h4 withdrawal. I had all the paperwork I needed to travel while it was pending: - Valid H1B stamp - Letter from employer, stating that I currently work there and that my H1B amendment case is pending. Can I apply for H4 EAD now ? - North Carolina Immigration Law Questions & Answers - Justia Ask a Lawyer. We called USCIS few times as their online portal for H4 was not showing any status. My spouse was on L1 visa till Oct 12. H1B + H4 approved on same day by Nebraska on Aug 6, 2019 after biometrics: H4 EAD approval in premium after biometric The trick that seems to work here is to to upgrade your H1B + H4 + H4 EAD to premium immediately before or after your Biometrics is completed. As you already know, last year USCIS started allowing dependents of certain H1b visa holders with approved I140 eligibility to work with a EAD. My spouse applied h1b extension along with my h4 extension in premium processing in month of june 2019. I also have the i94 copy for H4 approval. Now, if you travel abroad on your H1B (or L-1) visa with a Form I-131 Advance Parole application still pending, and re-enter the US on the work visa, USCIS will deem your pending I-131 application abandoned, whether it is a new I-131 based on a recent Adjustment of Status filing, or a renewal. My H1 is also approved until August 2022 on 05/06/2019. If your H4 visa is at risk of expiration before the H4 to F1 COS is approved, you need to file another change of status petition to extend the H4 status. The attorney forgot to file for an H4 extension along with my spouses H1B(premium) extension. 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. If any of these three factors is absent, your pending H1B application will not give you the ability to remain in the US. They will continue to be on H4 so long as you are on H1B status and their H4 is valid. Effective March 22, 2019, following anti laundering requests from the banking regulators, when you are making a payment for your US visa fee through the CITIC Cash counter, the Smart Counter, or online, CITIC bank is required to record customer information for non-CITIC card holders, including: name, gender, nationality, mobile phone number. immigration. Steps after Selected in H1B visa lottery : If you are selected in H1B Lottery, your employer/ immigration attorney will get a copy of the H1B receipt notice. Ideally, USCIS should know that you are on H1B at the time of working on H4 and should deny H4 extension. I am wondering if I can switch my H1B to a new employer and still have the H4 EAD valid. Even if you are currently not on H4 visa, but planning to change the status from other visa types you may be eligible. It was a change of status from H4 to H1. I am in exact situation as yours. If you must travel while your extension is pending and your H-1B status has expired, you will need to remain outside of the U. The applicant should apply at local US embassy in their country of residence for the visa stamping. My H1 got approved in 4 days. The court has delayed the decision contingent upon USCIS voluntarily. You should not overstay more than 6 months or you can be barred from coming back for 3 years. While in H-4 EAD status, you can work for anyone without limitation other than your H-1 spouse has. H1b 221g to H4 to H1 Hello, My husband recently went for his H1b interview and the US consulate gave him a 221g and asked to submit more documents around his role, petitioner's information etc. I came to USA on h4 visa. Our reader community have been actively contributing their experiences in comments and many user directly to us, you can check all of it at : H4 Extension Biometrics Experiences with New I-539 Form. Also, as they have a pending H4 applications with USCIS based on your current approved H1B, you are fine. Due to some reasons my employer revoked my H1B. You should include the RFE response with the premium processing request. But, the last application to be approved will take effect. H4 Approval Notices after Biometrics in 2019 - Shared by User. If your H1B stamp has expired, you generally need to go to the U. The H4 EAD is a work permit for spouses of H1B workers who have been approved for green cards and are yet to get those in hand. Or will she loose her work permit if I switch H1B to a new employer. Her H4 application is still in process and her F2 is invalid effective Oct 31st. If you are in an immediate relative category (spouse, parent or unmarried child under 21 of a U. In January 2019, DHS approved a new merit-based H1B lottery system which is set to begin on April 1, 2019. RFE on H4 extension asking H1 approval while its still pending I recently applied for my 7th year's H1B extension on 13th July 2010 based on my I 140 approval and period requested for H1B extension was till 30th September 2013 (3 years). You can enroll in the program while your H4 to F1 change of status petition is pending with USCIS but you should continue to maintain your H4 status until the COS is approved. If any of these three factors is absent, your pending H1B application will not give you the ability to remain in the US. Before someone can apply for a green card (through family), two major conditions must be met. Their H4 status is tied to your H1B status. In addition, if the H1B worker leaves the U. Below is quick summary of it. 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. [美国H1B/H4签证] H1B approval notice 疑问: MRAAAA 2019-7-8: 2355 [美国H1B/H4签证] 你好,今年抽中了H1,但是当前公司不想给激活,怎么办? 匿名 2019-7-6: 5577 [美国H1B/H4签证] H1b RFE Pending, 入职时间被推迟,对策? butterknife0204 2018-8-21: 3789. My H1B petition was approved for consular notification. On Feb 22nd 2016 my H1B was approved, but my spouse H4 was transferred to Vermont center from California center stating "jurisdiction". Need some urgent help :- My H1B extension got approved on May’2019 and my spouse’s H4/i94 got expired on Jun’2019 but honestly I did not know that I had to apply for her H4 extension while applying my H1B extension under regular processing. 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. The application is still with USCIS and not yet approved. If USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the DSO at your new school. My employer upgraded my H4 to H1 COS in premium and it got approved. You will not get a "change of status" h1b on this new filing. If you are the lucky person selected in H1B random selection, which is popularly called as H1B lottery, you might be wondering what would happen after that. If premium processing was available and you file all 3 application together, the chances of approval within 15 days would have been very high. This delay is putting a strain in the finances of the. H-1B Visa Attorney Fee We are preparing FY 20 H-1B Visa Cap petitions, Cap Exempt H1B Visa Petitions as well as Transfer, Renewal/Extension, Concurrent and Amended H1B Visa petitions. Current employer is now applying for H1B extension (end date Dec'2018 if approved). You should not overstay more than 6 months or you can be barred from coming back for 3 years. Approval for H4 and H4 EAD is until August 2022. Apply H4 EAD based on pending H1B/H4 extension? Yes, you can apply for H4-EAD based on pending H1B/H… For i797 number, you can mention your approved H1B extension’s i797 number. You can enroll in the program while your H4 to F1 change of status petition is pending with USCIS but you should continue to maintain your H4 status until the COS is approved. My question is can they re-enter the country on the same H4 visa, when my H1B visa transfer is pending. Meanwhile my company applied from my H1B amend with H4 application for my wife which is still pending. Since there’s pending Rule Making by DHS to Remove H4 EAD. The application is still with USCIS and not yet approved. My wife just got her H4 EAD approved based on my approved I-140. I think, decrease in number of H-1B visa applications by some IT vendors would be compensated by increase in Applications from H4 EAD holders. The applicant should apply at local US embassy in their country of residence for the visa stamping. Now she is staying wit me but her visa already expired. This answer assumes you did not violate your H4 visa status prior to leaving the USA, for example working for the employer "as if" you already had the H1B C/S. H1b Spouse H4 Work Permit, Rule And Authorization. You will definitely introduce complications to your status if you file H4 extension now. Current employer is now applying for H1B extension (end date Dec'2018 if approved). H4 Approved in 147 Days after filing; H4 Approved in 90 days from Biometrics; Since my case has no expedite or premium process, I think my case is worth to share with many people who still keep waiting for approval. 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. The applicant can apply for H4 EAD at any time once his/her spouse meets the required criteria. You will not get a "change of status" h1b on this new filing. Straightaway, the gap between the universe of approved H1B petitions and extensions minus the total number of H4 EADs is an entire generation of H4 visa holders which falls between the cracks. Date: March 12 2019. While the H1B Change of Status was pending, she traveled outside the US. If your H4 extension is approved, you will get a new i94 with status as H4 which will automatically change your status from (H1B to H4) if H1B was already approved. Hi everyone I am an Iranian citizen married to Indian citizen who holds h1b. 17, 2019 Form I‐131, Travel Document Applications for the Filipino World War II Veterans Parole (FWVP) Program (Fiscal Year 2019, 3rd Quarter, Apr. My H1 got approved in 4 days. You can use an unexpired H1B visa stamp (even if it is from Company A) to travel back to the U. Q, Both, H1b petitioner and the dependent can depart the US without being the extension of status petitions getting denied. My employer upgraded my H4 to H1 COS in premium and it got approved. Applications must be submitted through CBP’s Trusted Traveler Programs (TTP) website. My husband got H1B extension approval, but mine and child's H4 Extension still pending with USCIS. Referring to above sentence, " If you are applying for H1B Visa with Change of Status, like F1 OPT to H1B or H4 Visa to H1B, then Premium Processing will start no later than May 20, 2019″. Approval for H4 and H4 EAD is until August 2022. Any individual with advanced US degree who is not selected in. The H1B must still be eligible for H status and returning to the previously approved employer. H1B and H4 pending approval Posted: 24 Jun 2010. Date: March 12 2019. Currently my wife is in F1 OPT STEM extension status which is going to be complete by JUNE 2019. H1B petitions that were filed under Normal processing Time Frame: USCIS has begun adjudicating the H1B petitions filed under normal processing program on or after April 25. Finally, USCIS initiated the rule-making process to remove H-4 EAD. While booking visa appointment, I see that all of us are eligible for Dropbox and need to submit i797 appr. Here you find all the details. Yes, you can upgrade your h1b transfer and h1b application case to premium processing. , attorneys/agents) a secure and reliable means to access case information across all of the supported visa type programs (H-1B, H-2A and H-2B) and to file Prevailing Wage requests. Their H4 status is tied to your H1B status. Getting your H1B visa stamped is crucial to you being in the U. Candidates apply for the H1B Visa in the USA but face H1B rejection the main reasons behind that are lack of knowledge about H1B visa application process and H1B visa rejection reasons. The H1B transfer bill approved in the senate and House (bill S. What cannot get with H4 Visa? An H4 Visa holder cannot obtain a Social Security Number. H1B to H4 with Concurrent H4 EAD Application. I am in constant touch with the DSO and he says the h1b withdrawal acknowledgement from uscis is needed to do the sevis data fix. The H1B visa program is designed for and made available to F1 students to achieve this goal. Hi, I have filed for H4 and H4 EAD extension, and child's H4 extn as my co-applicant in August along with my husband's H1 extension in premium processing. regardless of your petition the b1 you could potentially get would be up on August 4 so. I got the H4 EAD receipt dated March 09, 2019. Even green card applications can take months or years to receive approval (or denial) from USCIS. H1-B status is yet as Case was received. Can my wife (on H4 visa) get her stamping done if I539 remains pending but my H1B extension is approved? Can my wife (on H4 visa) get her stamping done if I539 remains pending but my H1B extension is. H1B visa approvals.