H4 Extension H1b Approved

Called employer and was told this is normal an. My End-client is a kind of company that does not provide letters for H1/temporary consultants. Recent & Latest US visa interview questions, experiences for F1, H1B, H4, L1, E3 candidates. The Beneficiary has one year remaining of H1B time and qualifies for a one year extension based on a pending Labor Certification. Question : Need quick help. Case 1 : H1B to H4 "Change of Status" Due to H1B Extension Denial through USCIS due to various reasons " To get back into H4 status as soon as possible (provided candidates spouse is on H1B ). 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. Your immigration lawer needs to have information of the dependent spouse and fill up specific forms to get H4 extended. But found an employer, and the employer applied for an h1b and got approved. The PERM application was approved before 5 years of my H1B. Those who are awaiting the approval of their petitions for H4 visa extension must know that the United States Citizenship and Immigration Services (USCIS) added biometrics to the eligibility criteria for H4 visa dependents applying for the status extension and made it compulsory for them to undergo the biometric process as part of the overall processing, starting March 2019. Around 15+ of our guests got approved including H1B & H4( families), H4 to H1B (1st time H1B stamping) applicants Including FTE, EC EVC, EVVC model 1 person got 221g due to lack of client letter. When Will H1B Sixth-Year Extension Be Denied. H4 visa is a dependent visa and the client company will never entertain any dependent. After h1b visa approval, follow these steps. , a new I-94 is issued), then the person's status automatically changes to H1B on October 1st. Received at vermont on 27th. H4 Ead Extension Documents. Your spouse can go for stamping and get H4 visa stamped based on your H1B approval. H4 visa petition will be processed on the same timelines of H1B visa premium processing. When you are approved for the H1B visa stamping interview, several documents will be needed from you. 2) My H4 Status Expired While Change of Status Was Pending, Now Out of Status. The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U. H4 i94 expired, but got extension approved from future date, below details need advice Issue with h4 H4. please subscribe to our website to get latest updates, interview questions for all upcoming interviews, experiences from candidates, their profile information; Recent Latest US Visa Interview Questions, Experiences. Both of our current I-94 cards are expiring on 25th of April 2006. My h1b petition was approved till December 2019 but my wife h4 is still not approved it in process. My current H1B is up for extension (H1B/H4 valid till March) and my employer wants to file in premium right away. H1B to H4 - Change of Status - Due to H1B Extension Denial through USCIS due to various reasons - To get back into H4 status as soon as possible (provided candidates spouse is on H1B ) If you are in above situation, you are not the first one, there were many folks who are in such situation & got successful stamping of H4 & got back to USA. you mean in this case as well, there is no meaning in H4 Approval notice(i797/i539)? if that is the case I don't understand why there is a approval notice separately. H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. case is still pending. Since 2015, H4 holders are also allowed to work in the United States. We filed H1B extension+H4+EAD with premium processing on 4/5. H4 i94 expired, but got extension approved from future date, below details need advice Issue with h4 H4. When will H4 EAD rule becomes law? One have to understand that it is still not yet signed into law. If the employer has filed an I-140 Immigrant Petition as part of trying to obtain lawful permanent resident status (a green card) and the I-140 has been approved, an H1B extension can be filed. The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U. H4 Extension and H4 EAD were filed together mid April at Nebraska center. Called employer and was told this is normal an. My h1b extension got approved in March but my family’s h4 extension is still pending and I have an upcoming travel plan to India next month. In any case, The U. Our previous article covered the typical Steps After H1B Visa Lottery. In the last 2 days of Aug 6 and Aug 7, some people have reported that California and Nebraska have approved H4 and H4 EAD within 15 days when their application was filed with H1B premium. h1b statement of responsibility The H-1B status is a nonimmigrant classification granted to foreign nationals for the purpose of engaging in temporary employment in the U. please update here if anyone have similar situation. Proof of Your Status - Current I-797 form approval notice for I539 (extension of stay under h4 category) or form I-94 that shows your entry on h4 category. The number of H1B visa petitions approved for Amazon increased by 1099 in 2017 as compared to 2016. I am on H1 Visa and my spouse in on H4 EAD. But my only concern is since my 240 days after my last expiration ends on 2017-12-06 if the new employer files a new H1B and i start working for it would that reset the 240 days limit again. I applied for my H1 extension and my wife’s H4 extension and EAD concurrently on July 20th 2016. When Should You Apply for H1B Visa Extension? An immigrant can apply for an extension of their H1B visa up to 6 months before it expires. The number of H1B visa petitions approved for Amazon increased by 1099 in 2017 as compared to 2016. My H1B visa and I-94 are valid until Jan 31, 2013. H1 + H4 + EAD filed on Apr 11. H1 got approved on 03/30 but H4 is still showing pending status. H-1B Amendment - When is it Required? Posted By: Admin December 20, 2013 The H-1B Amendment is the petition which needs to be filed with USCIS by the H-1B Petitioner, under circumstances of a material change in the terms and conditions of employment or the employee's eligibility. But in i-797A scanned copy, which i was received from my employer, its saying "the above petition and extension of stay have been approved". Hi, I applied for my H1B Extension last month and got approvalas i did premium processingI also did H4 extension to my wifeapproval had only one I-94 for meI received I797C which states my wife extension of stay is approved. But he says he can not file for H4 for my spouse because spouse started working using the EAD. H1B extension has been filled with USCIS California Center waiting to get result. Getting H1b visa approved is the 1st step to pursue your career in US. EDIT : This process was changed sometime in March-2019. He/she cannot apply for H-4 EAD yet as he/she is not under H-4 status. My H1B got approved on 4/11 and my attorney and employer just received the approval notice yesterday. What this meant is the spouse could not legally work while awaiting approval of the extension, which could take months. will both H1/H4 are processed in premium ?. You will definitely introduce complications to your status if you file H4 extension now. My H1B expired on 17th Sept 2012, and then I shifted to H4 (dependent to wife H1B) and anticipated for I140 approval. My H1B expires before my H1B extension? If your H1B expires before your H1B extension petition is approved, You don't have to do anything. I was on F1-OPT till September 30th, 2017. Accepted an offer from Employer B (not joined yet), applied for Transfer/Extension of H1B Visa and received the H1B I797 approval notice. H1B to H4 - Change of Status - Due to H1B Extension Denial through USCIS due to various reasons - To get back into H4 status as soon as possible (provided candidates spouse is on H1B ) If you are in above situation, you are not the first one, there were many folks who are in such situation & got successful stamping of H4 & got back to USA. While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer must notify the employee representative about the Labor Condition Application (LCA)—or if there is no such representation, the employer must publish the LCA at the workplace and the employer's office. Your spouse can go for stamping and get H4 visa stamped based on your H1B approval. The Shah Peerally Law Group is a leading full-service immigration law firm headquartered in Newark, California (formerly in Fremont, California), in the heart of the San Francisco Bay Area. Hi, I filed my H1B & H4 on June 9th 2015, my I-94 expiry was on 7th Aug 2015. 按照以下链接的说法,只要我在H1B transfer和H4 extension都被approved之后再 向现公司辞职,那么就是1)我维持了有效的H1B身份且2)LD的H4身份在有效期内,之 后即使现公司revoke我的H1B extension,她的approved H4 extension也不会失效。我 的理解对么?. What are the options and can I get a new H1B (cap exempt) if I find a new employer to file my H1?. Currently I am in USA with my wife (H4 Dependent) and my extension (H1B) is already approved and received I797 from USCIS but Visa is not yet stamp on passport. I have i-140 approved. My wife got a job on H1B, and she is starting work next week. We filed H1B extension+H4+EAD with premium processing on 4/5. H4 Approval took about 46 Days after Biometrics were given; H4 Approval Notice Received in Mail : June 15, 2019. Re: H1b Transfer and Current H1 Extension on Rfe Thanks for the details. The Answer is 'YES'. But my only concern is since my 240 days after my last expiration ends on 2017-12-06 if the new employer files a new H1B and i start working for it would that reset the 240 days limit again. H4 Approved after almost 20 Days after giving Biometrics or about 45 Days from filing H1B + H4 together in premium H4 Status still shows as “Receipt Received” as of May 22nd. Since his H4 EAD beneficiary status expired on May 11, he has been on unpaid leave. There is no need to file a new H4 extension and H4 EAD with H1B transfer if both have long validity. But we have not heard anything on h4 extension yet. H4 visa petition will be processed on the same timelines of H1B visa premium processing. Recently, she received an RFE on an amendment petition (for change in location), which was filed after her H1B extension and before H4 VISA application. What this meant is the spouse could not legally work while awaiting approval of the extension, which could take months. My wife got a job on H1B, and she is starting work next week. We track various forums and then share the best H1b case approval dates here: AM22 Tech Current H1B Processing Times 2019 - Nebraska, California, Vermont - AM22 Tech California H1B new 366 days, H1B cos 366 days, H1B extension 366 days, H1B amendment 366 days, H1B. The United States Citizenship and Immigration Services (USCIS) usually takes 2-3 months to process the petition. Biometric appointment done on 11th (walk in after receiving letter). Next Steps After H1B Visa Approval - Change of Status or. Path2usa provides a sample form I-797 which serves the purpose of H1B petition approval notice. 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. My question is as. In between since my h1b was about be expired in Oct10th applied my extension as well as his h4 extn. Both H1B and H4 can co-exist and can reach result. In order to be eligible for a three-year extension of H1B status, the foreign national must meet the following requirements:. The lawyer also applied for H4 extension along with that for my dependents. I am on H1B. I am currently on H4 visa. When to not File an H-1B Amendment. The H-1B Cap Gap Extension allows certain students with pending or approved H-1B petitions to remain in the U. Citizenship & Immigration Services (USCIS). 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. In the mean while another employer applied for my H1 visa (with COS) which got approved on 21st July 2014 while H4 extension got approved on 5 Aug 2014. on an 4 visa which is expiring in 4 months and I have just filed for H4 extension. Case 1 : H1B to H4 "Change of Status" Due to H1B Extension Denial through USCIS due to various reasons " To get back into H4 status as soon as possible (provided candidates spouse is on H1B ). H4 Approval mail arrival took 74 Days ( 2 month 13 days ) from initial filing. The H-4 visa classification is available to the spouses and children of persons who hold valid H1B temporary worker status. You will not be authorized to work until USCIS approves your Form I-765. Since his H4 EAD beneficiary status expired on May 11, he has been on unpaid leave. Documents Needed For H4 EAD Application Checklist. 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. In simple H4 to H1B case as well, where you filed H1B with change of status in lottery. Recently, we have seen that USCIS approves H4 EAD first and then H4 within 1-2 days. 1) H1B Visa holder should on extension beyond 6th year of H1B Visa 2) H1B Visa holder must have approved I-140 which means he/she should be waiting for Greencard. I was waited till April 2013 and return back to India with my family (my wife also resigned ) due to uncertainty/waiting time. If your spouse has a valid non-dependent visa, you can apply for a change of status to become a dependent. H1 + H4 + EAD filed on Apr 11. When Will H1B Sixth-Year Extension Be Denied. Now we both went to India and I went for stamping and got visa stamping till December 2019. However, that rule changed last year, and they can now submit an application for employment authorization based solely on their spouse's H1B visa. H1B Visa Application and OPT Extension. colleges or universities also known as H1B Cap. If H1B spouse has an approved Form I-140 which was filed by a previous employer, will the H4 dependent spouse still be eligible for H4 visa EAD? A. H1B Extension Beyond 6 Years In 1 Year Increments. USCIS Possibly Questioning the H1B sixth year extension. H4 Approval After Biometrics in Premium 15 days Reported. You will definitely introduce complications to your status if you file H4 extension now. 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. I have my I-140 approved in 2012. An H4 extension of stay is also filed concurrently with the I-765. Once you get your h1b visa approved through h1b lottery. Proposal by DHS need a signature from Obama. I plan to go to mexico or canada to get my H1B stamping done and also plan to take my wife with me to get her H4 done. All 3 receipt notice dates 28th. H4 Questions about H4 vida. If the H1-B visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa. I had applied for my H1B/H4 visa renewal extension, process is still pending with uscis. H4 EAD delays court case against USCIS after H4 biometrics. Please Suggest?. H4 to H1B Transfer Processing Time. How much time it might take ? Also with H4 extension pending, can we travel to India and get H4 stamped from there ?. - not legal advice. Type: H1b extension after 6 years. H1B extension got approved(till 6/30/19)but H4extension received the below RFE. His H1b transfer was filed by new employer and he got his I797 approved by Dec-13-2016 As per your advice i didnt file H4 extension through my husband new employer, since they were filing his H1 in premium mode. When Should You Apply for H1B Visa Extension? An immigrant can apply for an extension of their H1B visa up to 6 months before it expires. Your immigration lawer needs to have information of the dependent spouse and fill up specific forms to get H4 extended. As a h4 spouse of h1b then i might get EAD but i am in H1b and my 6 years of H1b will expire in April 2016. H4 EAD needs an approved H1B and an approved H4 to be approved. Hope, this answers your question. My current employer (Employer A) has filed for an extension under regular processing and the case was filed with USCIS on Nov 2, 2012. I am currently on H4 visa. Now I got a different job but in order to transfer my H1B to the new employer, original extension needs to be approved first. If filing for a similar position and location, they can reuse the LCA and save some time. The lawyer also applied for H4 extension along with that for my dependents. If my H1B visa is approved first and then my H4 gets approved, do I loose my H1B? Question Details: Currently, I am in the U. H1B extension approved with Consular processing means your H1b visa was approved without change of status and you will receive form i-797B notice of approval. company with a capacity to hire, pay and provide. They confirmed that it will be taken care of. Non-profit and governmental research organizations; 3. While his wife's petition for H1B extension has been approved, both of his petitions have still remained pending. your payroll should be run to keep you in H1B status. When you are approved for the H1B visa stamping interview, several documents will be needed from you. The USCIS agreed with the strategy and arguments presented by the Murthy Law Firm in this case, and approved the H-4 extension of status for the spouse. While H4 extension pending and H1B approved, if travelling abroad, I guess it's no issue and H4 visa will be stamped and I94 will be given at port of entry which number will be different then I797 approval notice attached I94. 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. Path2usa provides a sample form I-797 which serves the purpose of H1B petition approval notice. While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer must notify the employee representative about the Labor Condition Application (LCA)—or if there is no such representation, the employer must publish the LCA at the workplace and the employer's office. However, if the person wants to continue to remain on L1 after October 1st, he/she should leave the US and re-enter on L1 status. you mean in this case as well, there is no meaning in H4 Approval notice(i797/i539)? if that is the case I don't understand why there is a approval notice separately. In the mean while another employer applied for my H1 visa (with COS) which got approved on 21st July 2014 while H4 extension got approved on 5 Aug 2014. Actually it is very important to remember that H4 status is not automatically extended when the primary H1 receives an approval for extension. Once this was completed, the H4 dependent could explore work options with an employment authorization document and get it approved in a timely manner. So please make sure you explain clearly how you actually qualify under this group. To be eligible for an H4 EAD, it is enough that the H1B spouse of H4 dependent spouse is a beneficiary of an approved Form I-140. Please click this link What is H4 visa. When you are approved for the H1B visa stamping interview, several documents will be needed from you. You can stay in USA for 240 days after expiration of your i94. Our previous article covered the typical Steps After H1B Visa Lottery. All 3 receipt notice dates 28th. But we have not heard anything on h4 extension yet. will both H1/H4 are processed in premium ?. It is not automatic. I got an RFE last month this time, requesting end-client letter mentioning possible 3 years extension of my project duration and the job duties. USCIS Possibly Questioning the H1B sixth year extension. If H1B spouse has an approved Form I-140 which was filed by a previous employer, will the H4 dependent spouse still be eligible for H4 visa EAD? A. A: We can process H1B Transfer with the Receipt Notice, using that as a Bridge. 1) H1B Visa holder should on extension beyond 6th year of H1B Visa 2) H1B Visa holder must have approved I-140 which means he/she should be waiting for Greencard. Planning to move from H1B to H4 after H1B visa denial. H1B to H4 - Change of Status - Due to H1B Extension Denial through USCIS due to various reasons - To get back into H4 status as soon as possible (provided candidates spouse is on H1B ) If you are in above situation, you are not the first one, there were many folks who are in such situation & got successful stamping of H4 & got back to USA. So please make sure you explain clearly how you actually qualify under this group. For h4 visa documents. Accepted an offer from Employer B (not joined yet), applied for Transfer/Extension of H1B Visa and received the H1B I797 approval notice. Next Steps After H1B Visa Approval - Change of Status or. We are still waiting for the appointment letter. 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. While in H-4 EAD status, you can work for anyone without limitation other than your H-1 spouse has. H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Since 2015, H4 holders are also allowed to work in the United States. If you have extensions already in same visa category & need to go for visa renewal stamping in same visa category – you can go to Mexico. Q, Both, H1b petitioner and the dependent can depart the US without being the extension of status petitions getting denied. If an H1B applicant files I-140 365 days before the expiry of the visa (6th year), he can take an extension for one year. Your dependents' H4 status is not employer-specific. You will have to go for stamping to one of the USA consulate. 2) My H4 Status Expired While Change of Status Was Pending, Now Out of Status. 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. My I-94 card expired in Sep 2011. May lose jobs, insurance, driving license. I applied for my H1 extension and my wife’s H4 extension and EAD concurrently on July 20th 2016. I am on H1B. If your employer has a different position available, then they could file a new H1b extension petition for it. And his employer did not file for i140 yet. The change of status happens automatically on the H1B approval date and you should START working i. H1B approved in 15 days with premium processing but not H4EAD. I asked my lawyer the same question as to whether this gap in my legal status would be of an issue (it was about 49 days). H1b-H4-h1b Posted: 18 Sep 2017 I was on h1b since 10/2012 and moved to h4 in 06/2016 and left 2. So please make sure you explain clearly how you actually qualify under this group. Legal Help for Visas for Business, Tourism and Family - H Visas: 1) Me and my wife's visa/I-94 (My H1B and her H4) was due to expire on 30th September. I had applied for my H1B/H4 visa renewal extension, process is still pending with uscis. He/she cannot apply for H-4 EAD yet as he/she is not under H-4 status. Your immigration lawer needs to have information of the dependent spouse and fill up specific forms to get H4 extended. Our previous article covered the typical Steps After H1B Visa Lottery. Once H4 status says bio-metrics verified, then upgrade your H1B to premium processing that way there is a good possibility that all three will be approved all at once. My h1b extension got approved in March but my family’s h4 extension is still pending and I have an upcoming travel plan to India next month. H4 Approved after almost 20 Days after giving Biometrics or about 45 Days from filing H1B + H4 together in premium H4 Status still shows as “Receipt Received” as of May 22nd. Just like the Form I-140 approval can be investigated, the USCIS will might also want to make sure that the AC 21 extension had been satisfied in granting the 6 th year extension. so long as you have a copy of the new H1B approval notice from Company B. Please click this link What is H4 visa. My wife got a job on H1B, and she is starting work next week. And his employer did not file for i140 yet. H1 got approved on 03/30 but H4 is still showing pending status. Question : Need quick help. H4 Approval took about 69 Days from filing date. I got an RFE last month this time, requesting end-client letter mentioning possible 3 years extension of my project duration and the job duties. This makes me out of status for over 10 months (Sept 2013 to June 2014). By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Persons in H-4 status are. We are still waiting for the appointment letter. My spouse has H1B approved till Nov 2014. When you go for H4 stamping in March 2011, the visa officer may ask for pay stubs to prove that you were maintaining your legal status. Citizenship and Immigration Services (USCIS) is suspending all H1b premium preparing beginning April 3, 2017. Around 15+ of our guests got approved including H1B & H4( families), H4 to H1B (1st time H1B stamping) applicants Including FTE, EC EVC, EVVC model 1 person got 221g due to lack of client letter. Those who are awaiting the approval of their petitions for H4 visa extension must know that the United States Citizenship and Immigration Services (USCIS) added biometrics to the eligibility criteria for H4 visa dependents applying for the status extension and made it compulsory for them to undergo the biometric process as part of the overall processing, starting March 2019. Hello, My company applied my h1b and h4 (i-539) extension in premium. H1B Visa Interview Questions on Employee – Employer Relationship. H1B approved in 15 days with premium processing but not H4EAD. My H1B got approved on 4/11 and my attorney and employer just received the approval notice yesterday. The petitioner may report the change of the company name while filing the extension of stay for the candidate. By: Shah Peerally Esq. You are going to apply for your H4 in US embassy, so you do not need the i539 application anyway. No, if the H1B is approved with change of status (i. so long as you have a copy of the new H1B approval notice from Company B. I have a three-year H1B extension (after seven years) filed by Company B based on an I140 approval by Company A. Regular H1B & H4 renewal visa stamping interview questions can be found in our "Recent Updates" page in our website. Those who are awaiting the approval of their petitions for H4 visa extension must know that the United States Citizenship and Immigration Services (USCIS) added biometrics to the eligibility criteria for H4 visa dependents applying for the status extension and made it compulsory for them to undergo the biometric process as part of the overall processing, starting March 2019. My spouse got her H1B last week while my H4 extension has just been applied, today. H1B extension got approved(till 6/30/19)but H4extension received the below RFE. Can I apply for H4 EAD in parallel now and what is the procedure for the same ?. H1B Extension Length. My H1B extension and spouse H4 extension was filed jointly. Get H1B and H4 EAD extension with Employer A in another 3-6 months, and only then consider H1B/H4 transfer to Employer B, or 2. My husband got his H1B extension as is valid till Jan 2017. When an H-1B Employer relocates from one to another branch within the same company. My H1B got approved 3 months back and got effective from this October. Those non-immigrants applying for Visa Extension would have to wait until the visa is approved and until the candidate receive the I-797 document in order to extend or renew an expired driver’s license in case if your I-94 already expired. H1B transfer and H4 Extension! Whenever you are transferring an H1B, make sure that you also file an extension I-539 for H4 visa. I understand that Company A is about to revoke my I140. H4 Approval mail arrival took 74 Days ( 2 month 13 days ) from initial filing. Below are my current status details: 1) Current H1B/H4 visa valid until: 01/30/2018 (not stamped yet) 2) Recent H1B/H4 visa transfer to Y (existing) employer was approved on 01/31/2017 3) Y employer start date: 01/31/2017 4) X (previous) employer H1B/H4 visa expired: 09/30/3016 5) Visa extension filed by X employer was in process but I switched to Y employer on 01/31/2017. In most of the cases I94 and h1b visa expires at the same time. You might be H1B, H4, L1A, L1B, L2, E3, F1 or F2, J, K, O visa holders. If H4 travels outside US while H4 extension is pending, the USCIS will probably deny it as the person has already left the US and hence no extension is needed. H1 + H4 + EAD filed on Apr 11. When you are approved for the H1B visa stamping interview, several documents will be needed from you. H4 EAD application can be bundled with the spouse's H1b extension package. Due to the complex nature of H-1b Visas, it would be best to consult an immigration attorney. You will definitely introduce complications to your status if you file H4 extension now. Your dependents' H4 status is not employer-specific. I have i-140 approved. Q, Both, H1b petitioner and the dependent can depart the US without being the extension of status petitions getting denied. Accepted an offer from Employer B (not joined yet), applied for Transfer/Extension of H1B Visa and received the H1B I797 approval notice. There is a complex interplay between F-1 OPT status and H1B cap filings. 1) H1B Visa holder should on extension beyond 6th year of H1B Visa 2) H1B Visa holder must have approved I-140 which means he/she should be waiting for Greencard. My employer listed Hyderabad as the consulate to be notified, but I actually live near the U. The change of status happens automatically on the H1B approval date and you should START working i. The Beneficiary has one year remaining of H1B time and qualifies for a one year extension based on a pending Labor Certification. It is not automatic. Since his H4 EAD beneficiary status expired on May 11, he has been on unpaid leave. Keep us posted. What this meant is the spouse could not legally work while awaiting approval of the extension, which could take months. My husband is in H1b with 140 approved in EB3. We are still waiting for the appointment letter. My husband is in the 7th year extension of h1b visa and his PERM got approved recently. Soon my wife will be traveling to India where she will be availing drop box facility. The Beneficiary has one year remaining of H1B time and qualifies for a one year extension based on a pending Labor Certification. Application received on May 21st; H1B Approved on May 30th; H4 Biometrics appointment done on June 10th; EAD approved on Aug 22nd (H4 status remains unchanged) H4, EAD Approved in 93 Days from filing ; H4 Approved in 73 Days from Biometrics. 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. Citizenship and Immigration Services (USCIS) is suspending all H1b premium preparing beginning April 3, 2017. I have a three-year H1B extension (after seven years) filed by Company B based on an I140 approval by Company A. Apply H4 EAD while H1B or H4 Extension is Pending - AM22 Tech. In your case, I would provide previous approval number and/or mention, your H4 COS (I539) and I765 filed concurrently with spouses H1b extension. in F-1 status until the start date of their approved H-1B employment period, even if the OPT authorization and/or F-1 grace period would have otherwise expired before October 1. We have already responded RFE. Yes it is correct H4 extension I-539 is not applicable if H1B dependents are in home country. But as a practical matter it is unlikely that USCIS will go back and revoke the H1B extension. The Shah Peerally Law Group is a leading full-service immigration law firm headquartered in Newark, California (formerly in Fremont, California), in the heart of the San Francisco Bay Area. And when such primary H1b application is applied or upgraded to premium processing, USCIS extends the premium processing to the EAD application too. The H1B visa processing from the U. California H4 EAD approval after biometrics. 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. When Should You Apply for H1B Visa Extension? An immigrant can apply for an extension of their H1B visa up to 6 months before it expires. My question is, am I eligible to apply h4 ead?. Now I got a different job but in order to transfer my H1B to the new employer, original extension needs to be approved first. He/she cannot apply H-4 yet, as you do you have the approval notice. please update here if anyone have similar situation. I had applied for my H1B/H4 visa renewal extension, process is still pending with uscis. Also, my H1B application is picked in the lottery this year and it is processing so not approved yet. Planning to move from H1B to H4 after H1B visa denial. Documents. If your application to change to H-1B is approved, then your status will be H-1B with all the restrictions and freedoms that come with that status. The H1B employee does not have to wait for the new H1B petition to be approved first. I am in my sixth year and my visa expires in Sept. Once your H1B visa petition is approved, you are allowed to schedule your H1B Visa stamping interview. Approval Notices: If your case is approved, your H1B Employer will first receive an email stating that the H1B is approved followed by a physical H1B approval notice. But we have not heard anything on h4 extension yet. H4EAD will be on hold until a H4 visa decision is made. Now I got a different job but in order to transfer my H1B to the new employer, original extension needs to be approved first. The H1B visa processing from the U. I have my I-140 approved in 2012. H1 approved on 3rd April. I am hearing now a days H4 extension is taking time. My spouse got her H1B last week while my H4 extension has just been applied, today. This is the place where you struck without proper answers for visa officer’s questions. 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. Many of the lucky ones, selected in H1B Visa Lottery and have approved H1B petition notice, might be wondering what are the next steps. I applied H1B ext and H4 extension in Dec 2018 in regular processing and got approved in March 2019. But if you wife's application has been approved, you can be rest assured that yours will be approved as well.