H1 approved but H4 and H4 EAD is pending

New
topbi

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topbi
Jan 15, 2020 10 Comments

Last week my H1 got approved in PP till 2022.
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. current H4 and H4 EAD is exping soon (by this Jan 25 2020).
Questions:

1. is attorney overstating the approval timeframe for h4 and h4 ead?
2. California DMV need H4 approval for DL renewal, what is way around it?
3. can we travel on h4 pending?
4. can you guys share your timeline for h1, h4 and h4 ead approvals?

#h1b

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TOP 10 Comments
  • New
    cooper_stn

    Go to company page New

    cooper_stn
    The time frame is accurate. But, if you are traveling, the H4 petition will be abandoned. But, you do not need to worry because you can get H4 stamping done and enter the country.

    This will give you instant H4 status and can apply for the EAD with the I-94.
    Jan 15, 2020 2
    • Ford
      sjfuw

      Go to company page Ford

      sjfuw
      What happens when you travel out of USA while your H4, H4 EAD is pending.
      Let’s say you travelled to India, can you apply for h4 stamping, what documents would you need? Is h1 extension approval enough to apply for stamping in this case.
      Aug 10, 2020
    • N.E.W.
      re4ft

      Go to company page N.E.W.

      re4ft
      Yes. H1 extension approval is enough for H4 stamping.
      Aug 10, 2020
  • Uber / Eng
    taxes☠️

    Go to company page Uber Eng

    PRE
    Ellation
    taxes☠️
    You applied very late. The renewal should be done 6 months before the expiry on H4. Attorney understated the timframe here which is 6-8 months in California center, currently processing May 2019 applications. This timeframe is already above the application timeframe (6months before expiry) which means the person has to take a break from job until approval. You cannot travel while the approval is pending.
    Jan 15, 2020 2
  • In the past I travelled when h1b was pending due to a family emergency. Fragomen sent me the original h1 approval via fedEx and I went for h1b stamping at the consulate. So it is possible to travel when H4 is pending. If she needs visa stamp, she could use the copy of you approved h1b at the consulate. They don't even ask for h4 approval. She could get DL based on the h4 stamp on passport.
    Feb 8, 2020 1
    • Ford
      sjfuw

      Go to company page Ford

      sjfuw
      Will the H4 candidate need H1B holders original i797 approval when they go for H4 stamping in their home country?
      Aug 10, 2020
  • HPE
    apHF21r

    Go to company page HPE

    apHF21r
    When did you apply for h4 and ead? If you applied along with your h1 in july, i guess your processing dates are close.
    Feb 8, 2020 0
  • Curious about your status. So is your status now become H1? Say if your H4 get approved 3 months later, will you become H4 automatically?
    Jan 15, 2020 0