H1B work visa - AM22Tech Visa, Immigration and Money Tue, 16 Sep 2025 21:11:07 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://www.am22tech.com/wp-content/uploads/2017/12/am22tech-logo.png H1B work visa - AM22Tech 32 32 How to file H4 EAD, Documents, Form i765 (New / Renewal Process) https://www.am22tech.com/h4-ead-uscis-form-i-765-sample-form/ https://www.am22tech.com/h4-ead-uscis-form-i-765-sample-form/#comments Tue, 12 May 2015 20:37:03 +0000 http://104.196.159.131/?p=925 File H4 EAD yourself with I-765 form, document checklist. Fees $520. Renew 180 days before expiry. H1B primary I797 receipt required. Processing time 2-7 month.

The post How to file H4 EAD, Documents, Form i765 (New / Renewal Process) appeared first on AM22Tech.

]]>
H4 EAD allows H4 visa holders to work legally in the US without any employer or location restrictions. 

Check if you are eligible to apply for H4 EAD.

Documents for H4 EAD Application

#1 H4-EAD Fees Check / Credit Card

After Oct. 28, 2025 USCIS will accept only ACH debit transactions using Form G-1650 or credit card payments using Form G-1450.

ACH should be from a US bank. If you are using the credit card, then it should have been issued by a US bank. International cards from non-US countries will not work.

Till Oct 28, 2025 – You can send the personal check for H4 EAD payment.

H4 EAD fees check for $520 payable to the ‘U.S. Department of Homeland Security‘.

Short forms like USCIS are not allowed on personal, cashier, or money orders.

Personal checks from your checking or savings account in Bank of America, Chase, etc. are allowed. A certified check is not required.

H4 EAD application check
H4 EAD application check

Do not add biometric fees to the H4 EAD check. Calculate the current USCIS H4 EAD fee.

Biometrics is only required for H4 extension and not H4 EAD. If you send the wrong fee, USCIS will reject your application and send it back.

#2 Photo

Two identical 2×2 inch photographs clicked within the last 30 days are required for the H4 EAD application.

Write your name and i94 number (OR SSN OR Alien registration number) on the back of the photograph with a light gray colored pencil.

Offcourse, you can click the H4 EAD photo at home, edit it and then print yourself to save money.

H4 EAD photo requirements
H4 EAD photo requirements

The admission record number on H4’s i94 fetched from the CBP site is what should be written on the back of each photo.

Do not send an old photo with the I-765 application as USCIS will send RFE to submit new photos. This will increase your H4 EAD processing time.

#3 How to file H4 EAD using Form I-765

Download and fill USCIS i765 form. You can also use our app to fill out the form. The app validates and checks all form fields to make sure you do not make any mistakes.

You can use this app to fill the form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS:



Open App in new Window

#4 H4 Status Proof

  • Copy of H-4 visa holder’s most recent I-797 Approval. If an H4 extension has been approved recently, use the extension approval. OR
  • Most recent H4 i-94 copy. If an H4 extension were approved recently, the new i94 would be attached to your H4 extension approval (i797) notice OR
  • A Copy of the pending H4 extension if it has not reached any result yet.
Get i94 from CBP website
Get i94 from the CBP website

#5 Government-issued Photo ID Document

  • Copy of Passport’s front (with Photo) and back pages (with address) OR
  • Copy of USA H4 Visa stamp page from the Passport OR
  • A copy of your last EAD – Both front and back (if any) OR
  • A birth certificate with a photo ID. For example, an Indian (or Chinese) birth certificate will work only if it has a photograph. OR
  • Any other national identity document with a photo. US State ID or Driving License is NOT acceptable.

#6 H4’s Relationship with H-1B

A copy of your marriage certificate in English is required to prove the H4 dependent’s relationship to primary H1B.

#7 H4 EAD Eligibility Proof

Primary H1B spouse’s I-140 i797c approval notice is required to prove H4 EAD eligibility.

If your employer has not shared the I-140 approval copy with you, use the USCIS FOIA request to get I-140 details.

#8 Current H4-EAD copy for Renewal

An existing EAD copy is required only if you already have H4 EAD and you are applying for renewal or extension.

Only a black color ink pen is allowed as USCIS uses computer scanning to read forms.

Do NOT staple the documents. Use a paper clip to bind them together.

#9 Form G1145 (Optional but recommended)

Use form G1145 to let USCIS send you an SMS or an email once they receive your application. Attach this form at the top of the EAD application package.

H4 EAD application package
H4 EAD application package

Concurrent Filing – H1B, H4, H4 EAD

If you are filing H1B, H4, and H4 EAD applications concurrently at the same time in the same package, you can write this in question 29 on form i765:

  • “Filed Concurrently” OR
  • Leave Blank OR
  • Write the current approved H1B receipt number

All three options have been tried and tested and all of them work fine. Our recommendation is to write “Filed concurrently” in Q29 or use our app and it will handle all text automatically.

Don’t worry about the limited space to write it. You can just write with free handwriting.

H4-EAD Renewal Documents

The document list is the same for H4-EAD renewal or extension as for the new H4-EAD application mentioned above.

The start date for the H4 EAD extension may be in the future.

Example,
If your H4 expires in Sep, and you applied for renewal in Mar, of the same year, your extended H4’s start date may be Sep instead of March.

It is on USCIS to give a current start date or future one (that correlates with your current H4’s expiry date).

To fill up the i-765 form, we would consider the most recent H4 approval irrespective of its start date.

Based on it, your i94 number and primary H1B i797 approval receipt number will be decided while filing the i765.

Apply SSN with EAD

If you do not currently have SSN, select ‘No’ on Q 13.a. and then select ‘Yes’ on Q 14 and Q 15.
You will have to fill Q 16.a., 16.b. with your (H4’s) father and mother’s name to get an SSN card.

Your SSN card will be automatically generated after your EAD is approved within 3-4 weeks and mailed by USPS.

FAQ

What is H4 EAD Processing Time?

The current H4 EAD processing time is 2 to 7 months. It changes every month with each USCIS service center. 

What is the H4 EAD eligibility Category?

H4 EAD Eligibility category code is C(26).

How Much Time Does It Take to Get an EAD Card After ‘new Card is Being Produced’ Status?

You will receive your EAD card within 1-7 working days after the New Card is Being Produced case status.

Which Receipt Number to Write in Question 29 on the H4 EAD form?

Write H1B primary’s most recent I-797 receipt number on the H4 EAD application form I-765 question 29.

This is not the I-140 approval receipt number.

Which i94 Number Should Be Written On the H4 EAD form?

You should write an i94 number from the most recent H4 approval (i797 form) on the H4 EAD application form Question 21a.

Use this start date without any issues even if it is in the future.

What is the Reason for Applying for H4 EAD?

Choose option 1.a. for Question 1 on the H4 EAD form if you are applying for EAD for the first time.

For H4-EAD renewal applications, choose the renewal option as 1. c.
If you had any kind of EAD before (like L2-EAD), then you can consider H4 EAD as a new EAD.

When Can We Apply for H4 EAD Renewal?

You can apply for H4 EAD renewal 180 days before the current EAD card expiry.

USCIS allows us to file H4 EAD with H1B Amendment and H1B transfer applications even if the current card is valid for more than 180 days.

What is the Place of Last Arrival in the US on Form I-765?

You should write the name of the Airport or border that you used to enter the US.

For some people, this airport might be a non-US airport like Abu Dhabi where they complete the US immigration process at Abu Dhabi airport itself.

I would suggest writing either the “Port of Entry/Exit” as “MAA – ABU DHABI INTL” or the name of the US airport where you landed first.

For example, if you landed at Washington Airport after completing the immigration process at Abu Dhabi Airport, your i94 record will show the “MAA – ABU DHABI INTL” as the port of entry.

You can then either write “Washington Airport” or “MAA – ABU DHABI INTL”.

What is the Spouse Eligibility Degree On Form I-765 for H4 EAD?

You can write ‘N/A’ or leave it blank for H4 EAD applications.

Can I file H4 EAD while H4 Extension is Pending?

You can file H4 EAD while the H4 Extension is pending.

Can I travel While H4 EAD is Pending?

You can travel while H4 EAD is pending.

Can H4 EAD Work if Current Card Expired and Extension Is Pending?

H4 EAD can work if the current card has expired and the H4 i94 is valid under the new USCIS automatic extension rule.

Can H4 EAD Start a Business?

H4 EAD allows you to open a business with no restrictions.

Many H1B spouses become real estate agents or buy rental properties in the USA.

What address should I Mail the H4 EAD Application to?

Check the USCIS address to mail the H4 EAD application using the H1B receipt number.

The first three letters of the H1B application number IOE, EAC, LIN, SRC, and WAC decide the mailing address.

What USCIS mailing address should be used for H4 and H4 EAD applications?

You should use the H4 extension filing address for form i539 if you are filing H4 and H4 EAD together.

The post How to file H4 EAD, Documents, Form i765 (New / Renewal Process) appeared first on AM22Tech.

]]>
https://www.am22tech.com/h4-ead-uscis-form-i-765-sample-form/feed/ 77
How to Get H4 EAD Photo Online – USCIS Guidelines [Avoid Rejection] https://www.am22tech.com/usa-h4-ead-photo-online/ Wed, 20 Aug 2025 18:03:16 +0000 https://www.am22tech.com/?p=196327 Learn the official USCIS photo requirements for H4 EAD applications. Step-by-step guide with size, background, head ratio, tips for taking photos at home, and a final checklist to avoid delays.

The post How to Get H4 EAD Photo Online – USCIS Guidelines [Avoid Rejection] appeared first on AM22Tech.

]]>
If you are applying for an H4 EAD (Employment Authorization Document), you must include two recent passport-size photos with your I-765 application.

Many applicants face delays or RFEs because their photos do not meet USCIS standards.

Here’s a simple, step-by-step guide to help you get your photos right the first time as per USCIS photo guidelines for H4 EAD.

Official USCIS Photo Requirements

To avoid delays and rejections, your application photos must strictly follow the official U.S. government photo specifications.

Example showing a 'Before' photo with uneven lighting and a distracting background, and an 'After' photo that meets USCIS requirements with a plain background and proper lighting.
Example of a photo correction to meet USCIS standards.
  • Size: 2 x 2 inches (51 x 51 mm)
  • Head Position: Head height must be between 1 inch and 1 3/8 inches (25–35 mm) from the bottom of the chin to the top of the hair.
  • Background: A plain white or off-white background is required, with no patterns or shadows.
  • Expression: Maintain a neutral facial expression or a natural, subtle smile. Both eyes must be open and visible.
  • Eyewear: Glasses are not permitted in the photo, except in rare instances of medical necessity with a signed doctor’s statement.
  • Print Quality: Photos must be high-resolution, printed on photo-quality paper (matte or glossy), and free of smudges or creases.
  • Quantity: Unless specified otherwise on your form, you must submit two identical photos.

Where to Get H4 EAD photo Clicked?

You can visit Walmart, CVS or Walgreens to get your photos clicked for H4 EAD.

At some locations, even Costco and Sams club also offer reasonably proced passport size photos. They can also edit the photo as per USCIS requirements.

They usually charge upwards of $14.99 for two pictures.

The other option is to click the photo yourself using the mobile phone camera or your digital camera. There are softwares and websites available online which can help you edit your photos to exact specifications.

You should remember that editing is complex as the final edited image should print to exact measurements of 2 inch x 2 inch on paper. The image’s DPI (dots per inch) also matter as they control the quality of the final printed output.

USCIS requires the image to be high resolution which can be attained if you click the image by your iPhone and then edit it to at least 300 DPI. AM22Tech’s AI photo editor takes care of checking the photo resolution and edits it to minimum 300 Dots per inch thereby making it extremely easy to satisfy government requirements.

If you would like to click them yourself to save money, here is how to take H4 EAD photo at home.

H4 EAD photo requirements
H4 EAD photo requirements
Step 1 of 4
Lighting

How to Take Your Passport or Visa Photo at Home

Save time and money by capturing a professional-quality photo right from home. All you need is a smartphone and a few minutes. Follow these steps for the perfect shot.

1 Right Lighting

Correct background and lighting for a passport photo

Stand against a plain white or off-white wall. Face a window for natural daylight to ensure even lighting and avoid harsh shadows.

2 Set Up Your Camera

Correct camera setup for a passport photo

Use a tripod or ask a friend. Keep the lens at eye level and about 2 to 4 feet away. Always use the back camera for sharper quality.

3 Strike the Correct Pose

Correct neutral expression for a passport photo

Look directly at the camera with a neutral expression. Keep your head straight, shoulders relaxed, and ensure your full head and shoulders are visible.

4 Capture & Upload

Upload photo to a professional AI photo editor

Take the shot and upload it to an AI photo editor. It will adjust background, crop correctly, and produce a high-resolution photo that matches government standards.

Making Your Photo USCIS-Ready

Even with a perfect shot, technical details like resizing, cropping, and cleaning the background can be a headache. USCIS is very strict and will reject photos if the head ratio or dimensions are even slightly off, leading to frustrating delays.

The Final Editing Steps

  • Crop and center the head to the exact specifications.
  • Ensure precise 2x2 inch (51x51 mm) dimensions.
  • Professionally remove background shadows and ensure a pure white background.
  • Generate print-ready files (JPEG/PNG/PDF) for easy printing at home or a store.
Example of a photo before and after being edited to meet USCIS requirements, showing how the background is removed and the photo is cropped correctly.
Before and After: The difference a perfect edit makes.

Your Final Checklist Before Submitting

You've got this! Use this final checklist to be 100% confident before you submit your application.

  • Timeliness: Is the photo taken within the last 6 months?
  • Identity Match: Does it look exactly like you?
  • Correct Quantity: Have you included two identical photos with your application?
  • Print Quality: Is it printed on high-quality photo paper with no smudges or creases?
  • No Obstructions: Are there any shadows, glasses, or head coverings (unless for religious/medical reasons with documentation)?

Ready to Create Your Perfect Photo?

Our AI tool takes the guesswork out of the process, guaranteeing a USCIS-compliant photo every time.

Get Your USCIS-Ready Photos Now

FAQ

Can I use the same photo for H4 EAD as for my passport?

Yes, if the photo is less than 6 months old and meets USCIS requirements.

But it’s always better to take a fresh photo for your EAD application.

If you are not comfortable editing the photo yourself, you can use AM22Tech's AI photo editing app. You just click the photo and app takes care of everything else.

Do I need to print my H4 EAD photos?

Yes. USCIS requires two printed photos with your paper based I-765 application.
Digital copies alone are not accepted.

If you are filing EAD online on the myUSCIS website, then they may allow uploading the digital photo. But, again, the digital file should also meet the USCIS guidelines as listed above.

What happens if my photo is rejected?

USCIS may send you a Request for Evidence (RFE) or reject your application. This delays your work authorization or EAD card approval.

That’s why correct photos are very important.

What is H4 EAD application photo size?

USCIS requires the photo to be 2 inch x 2 inch in size when printed on paper.

If you are uploading the file digital photo online on USCIS website, the photo should still be 2x2 inch when they print on paper.

The size requirements are mandatory.

Should I write my name and I-94 number on the back of the photos?

It is recommended to write Name and A-number or I-94 number at the back side of the paper photo.

Some applicants have reported receiving RFEs because they forgot to lightly write their names (and I-94 or A number, if known) on the back of each photo.

My photo was slightly angled—can USCIS reject it?

Yes. Even subtle tilts or angles can trigger an RFE—even if the photo initially "validated" online.

Ensure your face is straight, both ears are visible and eyes are fully facing the camera.

Do photos have to be in color?

Yes—photos must be in color.

Black-and-white prints are not acceptable for U.S. immigration applications.

The post How to Get H4 EAD Photo Online – USCIS Guidelines [Avoid Rejection] appeared first on AM22Tech.

]]>
New Card Is Being Produced Meaning (USCIS Case Status) https://www.am22tech.com/uscis-update-new-card-is-being-produced/ Fri, 30 Nov 2018 16:34:50 +0000 https://am22tech.com/?p=168444 USCIS status update New Card is Being Produced means your EAD is approved. Get EAD card by USPS mail in 7-10 working days. SSN card will arrive in 4-5 weeks.

The post New Card Is Being Produced Meaning (USCIS Case Status) appeared first on AM22Tech.

]]>
A new card is being produced USCIS status means that your EAD application has been approved and the card has been sent for printing.

You can use this app to fill out the EAD form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS.

EAD Processing Time

You will receive the new EAD card (i-485 EAD, F1 OPT-EAD, L2 EAD, H4 EAD, or other) by mail within 5-10 working days after the “New card is being produced” USCIS case status update.

The EAD (Employment Authorization Document) is filed using USCIS form I-765.

I485 New Card is Being Produced

The i485 adjustment of status application can also have the “New card is being produced” status. This means that your green card is approved. You should get it by USPS mail within 5-10 working days after this status.

i-485 new card is being produced status means green card is approved
i-485 new card is being produced status means the green card is approved

It is possible that the case status directly shows the New card is being produced without any USCIS notification about case approval. There is no need to worry as the card will not be produced until the case is approved first.

As an example, see the case history for this i-485 application where the status changed to “New card is being produced” even when the expedited request was denied.

i-485 new card is being produced after expedite request denied
i-485 new card is being produced after an expedited request denied

It seems that the USCIS website only shows the most recent update if there have been multiple status changes within the same day. I am just guessing here.

SSN Card with EAD

The SSN request is sent to the SSN office after your EAD has been approved. It will take about 4-5 weeks for the SSN card to arrive by USPS mail.

There is no biometric required for H4-EAD and SSN.

USA SSN card sample
USA SSN card sample

SSN card Not Received After EAD approval?

If you do not receive the SSN in 6 weeks, you can directly visit your local SSN office. They can check if any SSN application is pending for you.

If no application is pending, you can request a new SSN.

EAD, AP Combo Card

The i485 EAD + AP (advance parole) combo card is also approved with a “New card is being produced” status.

i485 EAD with i131 advance parole
i485 EAD with i131 advance parole

In many cases, if USCIS thinks that your Green card can be approved earlier than your EAD/AP, they may even deny your EAD application. This is normal and no need to worry.

It would help if you planned to travel outside the USA only after your I131 advance parole card has been approved.  

USCIS Case History

Other status updates for the EAD i765 application may look like this:

Status DateUSCIS Case Status
9 AugWe mailed your new card to the address you gave us.
4 AugNew card is being produced.
4 AugWe approved your Form I-765, Application for Employment Authorization.
26 MayWe received your Form I-765, Application for Employment Authorization.

FAQ

Can I start work with ITIN until my SSN is received?

You cannot start working using ITIN. We suggest waiting to receive a salary until your SSN is issued to you.

Your employer would need to fill out form I-9 for your employment and it requires an SSN.

Do we Need to Apply for Merging ITIN with SSN?

If you are on H4, then you would have an ITIN number.

Once you get your Social Security number after H4 EAD, you can visit a local IRS office or write a letter explaining that you have now been assigned an SSN and want your tax records combined.

You should include your complete name, mailing address, and ITIN along with a copy of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available. 

The IRS will void the ITIN and associate all prior tax information filed under the ITIN with the SSN. 

Send your letter to:
Internal Revenue Service 
Austin, TX 73301-0057 

How long does it take to get an SSN card after EAD card approval?

You can expect an SSN card within 4-6 weeks after EAD approval.

I have my Green card pending in both EB2 and EB3. Is Green Card EAD using EB3 or EB2 the same or different?

The green card is issued with the category of C09, which is the same for both EB3 and EB2 queues.

Hence, there is no difference between the two. You can apply the green car EAD from either queue if you have both EB2 and EB3 approved.

The post New Card Is Being Produced Meaning (USCIS Case Status) appeared first on AM22Tech.

]]>
H1B 60-day Grace USCIS Rule – Lay off, H4 EAD work (Severance Time)? https://www.am22tech.com/h1b-60-days-grace-period-uscis-rule/ https://www.am22tech.com/h1b-60-days-grace-period-uscis-rule/#comments Tue, 17 Apr 2018 15:18:04 +0000 https://am22tech.com/?p=1321 H1B 60 days grace period allowed on job loss. H4 EAD can work. Grace is i94 expiry day or 60 days. Join transfer employer on receipt. File H4 COS or F1 to stay.

The post H1B 60-day Grace USCIS Rule – Lay off, H4 EAD work (Severance Time)? appeared first on AM22Tech.

]]>
H1B 60 days Grace Period Meaning: The H1B 60 days grace period means that you will not be considered “out of status” for almost 2 months after your unemployment.

This will give you the opportunity to look for another employment or apply for a visa change of status.

You can stay in the US for 60 days if you lose your H1-B job. 

USCIS allows a grace period of up to 60 days for non-immigrant workers in E-1, E-2, E-3, H1B, H1B1, L-1, O-1, and TN status.

Grace Period Calculator

H1B Grace Period Start Date with Severance Pay can be assumed to start after the severance period is over.

In some states like California, the state law makes it mandatory to give 60 day’s notice period to the employee along with the severance package. An employee is paid a salary but is not expected to work during this period.

Start counting the calendar days from your last day of work. You can use this calculator to find the 60th-day mark.



Open App in new Window

Using the app to find your H1B options during the 60-day grace is easy. Just enter:

  • Your last working date
  • Most recent i94 expiry date
  • Severance Paydays (if any). The default value is zero.

Click ‘Calculate’ or ‘Find my Options’ and the app will immediately evaluate your situation and help you with all possible options to maintain legal H1B status in the USA.

Attorney Opinion

As per RN law group attorney Emily Neumann, they have been able to count the severance pay period as a valid legal H1B time. This means that your H1B 60-day period starts after your severance pay period has ended.

Hear what immigration attorney Emily Neumann says starting at time 49:57 in this video chat:



Open video in new Window

In this case of a layoff, you will actually get 120 days (60 by state + 60 by USCIS).

On the other hand, Immigration Attorney Cyrus D. Mehta says that the severance pay period or the garden leave (when the person is on the bench without a project but is paid the salary) may or may not push the 60-day grace period start date. He has cited several USCIS rules which point to the USCIS officer’s discretion on the start date.

60-Day Grace Period vs i94 Expiry

You get up to 60 days or until the expiration date of the current I-94, whichever period is shorter.

Example:

Most common action that people take is to file H1B to H4 change of status application if spouse is currently on H1B visa of their own.

The fastest option to get on H4 status is to visit Mexico or Canada and get an H4 visa stamping. You can then re-enter the US using H4 and then immediately apply for H4 EAD.

Other practical options during the grace period are summed up here.

You can use H1B grace time to file:

  • H1B transfer with any other company/employer.
  • File EB-5 Investment green card – This option has become popular after recent big tech layoffs from Google, Facebook and Amazon. Since, the reserved EB5 category dates are current for Indians, you can get the green card EAD quickly in 90-100 days if you file EB5.
  • Apply for a change of status to another visa:
    • H4: If your spouse is on an H1B visa, you can file H4 COS within this 60-day period and stay in the US. You are eligible for H4 EAD if your spouse’s own i140 is approved.
    • F1: If you want to enroll for a study course, you can file F1 visa change of status using form i539 and university’s I-20. Many people go this route using Day-1 CPT. Your H4 dependents will need to file F1 visa along with your F1 visa.
    • F2: If your spouse is on study visa (like F1), you can file F1 dependent visa.
    • B1/B2: USCIS allows changing to B1 or B2 visa in your 60 day grace period. You will need to use the form i539 here as well to change your status and get a new i94.

Prepare to leave the USA

If you are not able to switch to any other visa type, then you can leave the USA to avoid any unlawful stay.

No need to worry as you can come back anytime you are able to find a new H1B sponsor.

Your 6-year H1B max-out time clock stops as soon as you leave the US. Also, if you have i140 approved, you need not worry about the 6-year clock.

Carry Over Un-Used Grace Period days?

The 60-day grace period must be used in one chance. Your unused days cannot be carried over to another grace period.

60 Grace period single block is only available once per the H1B petition’s validity period.

If an H1B extension had been filed and approved with employer A i.e. a new H1B approval validity period has started, then you are eligible for a new 60 days grace period.

H1B Transfer

You can start working with the new H1B Transfer employer as soon as you file a change of employer petition.

The ideal situation would mean that you should have received the USCIS receipt number.

Usually, if you send your H1B application by FedEx and USCIS has received it on or before the 60th day, you are allowed to start work. Check with your employer if they are okay for you to start working.

Transfer after 60 days

You can start working with a new H1B employer even if your H1B transfer was filed on the 60th day and you received the receipt number on the last day.

  • If the petition is going to be filed on the 61st day or you will receive the receipt number on the 61st day or after, you should ideally go out of the USA by your 60th day and plan to re-enter the USA.
  • After the 60th day, you are automatically considered ‘OUT OF STATUS‘ if you have not yet applied for H1B.

Multiple Transfer Filing

You can file multiple H1B transfers during the grace period.

You can also file a transfer with employer A and start working for them to get back into H1B status.

After the 60-day period, you can file another transfer to employer B and join them even when employer A’s transfer is still pending. It is legally possible but the best option would be to first get employer A’s approval.

Old Employer H1B Visa Stamp

You can use the OLD employer’s visa stamp to re-enter the USA if the visa stamp is still valid at any time.

But, you should carry the new H1B transfer approval notice (i797 notice of approval) to be shown at the USA port of entry.

On the other hand, we strongly advise getting the new visa stamped in your passport with a newly approved H1B to avoid issues at the immigration counter.

H4 Extension/Transfer

H4 is dependent on the H1B status.

If the H4’s i94 is expiring in the next 12 months, we suggest filing an H4 transfer along with an H1B transfer too. Otherwise, the H4 transfer can be delayed until the H4 i94 is about to expire (within 6 months of expiry).

FAQ

When does the H1B 60-day Grace period Start?

The grace period will start immediately after the last day of employment.

How to Request H1B 60 days Grace Period?

There is no official USCIS form requesting the H1B 60 grace period. 

You can file a standard H1B transfer (change of employer or change of status) during the 60-day period.

If you want, you can add a cover letter with your application explaining the layoff situation. But, it’s not required officially by USCIS.

Can H4 EAD Spouse Work during H1B 60-day Grace Period?

H4 EAD can work during the H1B grace period.

The H4-EAD is attached to valid H4 status, which in turn is dependent on valid H1B status.

In the 60-day grace period, USCIS allows the H1B worker to maintain the status even if he has lost his job and running no payroll.

This means that H4 status also remains valid for those 60 days. Hence, H4-EAD remains valid and the H4-EAD spouse can keep working for those 60 days as per my understanding.

Can USCIS Deny the H1B 60 Grace period?

USCIS can deny or cancel the H1B 60 grace period.

The USCIS reserves the right to shorten or deny the grace period of an individual on the basis of violation of status, unauthorized employment during the grace period, fraud, or criminal convictions.

Can I QUIT my H1B job to use 60 day grace period?

You can quit your job and then use the H1B grace period.

The official USCIS guidelines do not differentiate between a worker who is terminated and one who resigns himself.

But, they do say H1B job Loss due to circumstances out of the employee’s control. Hence,  we STRONGLY advise against using the grace period by planning and resigning from your job.

Can I Travel Outside the US during 60 days H1B grace period?

You cannot travel outside the USA in a 60-day H1B grace period.

The whole idea of a 60-day grace period is to allow you to stay within the USA after the loss of employment. If you travel out of the USA, the grace period ends right there.

You would need a VALID visa to re-enter the USA again.

Once you leave the USA anytime during 60 day period or after, your H1B transfer application, if not already approved while you were inside the USA, will be approved only with consular processing.

This means you will have to get the Visa stamped in your passport to re-enter the USA.

The post H1B 60-day Grace USCIS Rule – Lay off, H4 EAD work (Severance Time)? appeared first on AM22Tech.

]]>
https://www.am22tech.com/h1b-60-days-grace-period-uscis-rule/feed/ 40
H4 EAD USCIS Mail Address – Filing alone or with H4 extension https://www.am22tech.com/uscis-address-mail-h4-ead-application/ https://www.am22tech.com/uscis-address-mail-h4-ead-application/#comments Thu, 24 Jan 2019 16:13:17 +0000 https://am22tech.com/?p=168619 USCIS H4 EAD mailing address: Use H1B i797 receipt number code EAC, LIN, SRC or WAC. Different lockbox address for USPS, Fedex, UPS deliveries.

The post H4 EAD USCIS Mail Address – Filing alone or with H4 extension appeared first on AM22Tech.

]]>
H4 EAD USCIS and DHS H4 EAD mean the same thing. You have to send a postal application to the USCIS lockbox address.

USCIS forwards your H4 EAD application internally to other centers from Dallas or Phoenix themselves. You do not need to worry about it.

How to find out the H4 EAD filing address:

  1. Filing H4 i765 EAD alone:
    • You should use H1B’s most recent approval notice written on form i797.
    • Keep reading this article to find the address.
  2. Filing H4 i765 EAD with i539 (H4 extension or H4 change of status):
    • You should send the i765 along with i539 to the USCIS address where you are sending form i539.
    • Form i539 filing address can be found below. At this time, they are the same as the H4 EAD alone filing address.
  3. Filing H4 i765 EAD with i539 (H4 extension or H4 change of status) and/or H1B i129:
    • Send all of them to the USCIS filing address for form i129.

You can use this app to fill out the EAD form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS.

H1B Receipt Number Starts with IOE?

USCIS has recently started generating H1B receipt numbers using their e-filing with receipt numbers that start with IOE or MCT.

In this case, the actual service center name is written at the bottom of the receipt.

H4 EAD applications are sent to other USCIS service centers after sorting through the lockbox addresses. You will get an H4 EAD receipt number separately from the final service center.

USCIS H4 EAD filing address
USCIS H4 EAD filing address

Dallas USCIS Lockbox – EAC, LIN, MCT

EAC is an eastern service center and is located in Vermont. LIN is Nebraska.

#1 Sending by USPS postal mail

#2 FedEx or UPS or private mail company

USCIS Phoenix Lockbox – WAC, SRC, IOE

Your primary H1 B receipt number should start with WAC or SRC to send the H4 EAD application to the USCIS Phoenix Lockbox office.

WAC refers to the California Service Center.

SRC is a Texas service center.

#1 Sending by USPS postal mail

#2 FedEx or UPS or private mail company

FAQ

Which Address Should I send the H4 & H4 EAD applications to if Filed Together?

You should use the USCIS mailing address for form i539 if you are filing an H4 extension and H4 EAD application together.

Should I send the H4 EAD application by USPS, FedEx, or UPS?

You can send the H4 EAD applications by USPS, FedEx, or UPS. It is your choice.

Should I use Tracking with the H4 EAD application?

You should use tracking to send the H4 EAD application.

Is the H4 EAD mailing address different for USPS and FedEx?

USCIS has given different PO box addresses based on the mailing company that you use to send your H4 EAD application.

This does not affect your H4 EAD application processing time.

Source: USCIS

The post H4 EAD USCIS Mail Address – Filing alone or with H4 extension appeared first on AM22Tech.

]]>
https://www.am22tech.com/uscis-address-mail-h4-ead-application/feed/ 13
Missed to file H4 extension, Spent 180+ days in US after i94 expiry [What to do?] https://www.am22tech.com/missed-h4-extension-spent-180-days-us-after-i94-expiry/ Wed, 31 Jul 2024 14:33:01 +0000 https://am22tech.com/?p=195854 File H4 NPT application with USCIS to request i94 from back date. Or leave US and Get H4 visa stamp with entry ban waiver from US embassy

The post Missed to file H4 extension, Spent 180+ days in US after i94 expiry [What to do?] appeared first on AM22Tech.

]]>
It happens and is pretty common to forget to renew H4 status within the US.

The immigration system here is so complex that unless you are half attorney, you will make mistakes on the way.

It is not a mistake but a design.

  1. Your physical entry into the US is governed by a visa stamp in your Passport or Advance Parole document.
  2. Your stay length in the US is governed by i94.
  3. The i94 validity is governed by your passport expiry.
  4. Your passport expiry is governed by your country’s passport validity rules!

Coming to the topic and giving you options if you forgot to file an H4 extension with USCIS before the H4 i94 expired.

There are a couple of them.

Option 1: File H4 Extension with NPT with USCIS

The quickest option without leaving the USA physically is to file a Nunc Pro Tunc (NPT) application with USCIS.

This is nothing but filing the regular H4 extension using form i539 and requesting the extension from the past date. This past date is the date of the i94 expiry.

In most cases of H4, if the primary H1B has maintained the H1B status and the H4 extension was missed unintentionally, USCIS regularly approves the H4 extension with NPT.

Once approved, they issue an I94 from the past date to make the gap period legal.

How to make an NPT filing decision?

We are sharing this as a suggestion based on real-life instances that our users on the forum have shared and had success with NPT.

H4 I94 expiredFile NPT?Chance of Approval
1-90 days agoYes90%
90-180 days agoYes50%
180+ days agoNo20%

In all cases, we suggest to leave the US and apply H4 visa stamp in your passport if your stay has exceeded 180 days.

This is a successful case of H4 visa stamping at Hyderabad, India after spending 180+ days in the US, filing NPT, and then leaving to be on the safe side.

The 180-day mark is important as there can be a 3-year entry ban that can be imposed on you if you have stayed in the US without status for 180+ days.

USA Entry ban criteria

  • 3 years: If the person spent more than 180 continuous days (approximately six months) in the U.S. unlawfully and then left voluntarily before removal proceedings begin
  • 10 years: If the person spent more than 365 days (one continuous year) in the U.S. unlawfully and then left for whatever reason, or was ordered removed from the U.S

This means that it is better to leave even if the NPT application is pending result and was filed before 180 days were completed. This helps to stay on the safe side as the USCIS result is unknown and you do not know how much more time USCIS will take to process your NPT application.

Option 2: Leave the US, File H4 Visa with US Embassy

The other option is to leave the US and file an H4 visa stamp application using your spouse’s H1B i797 petition with the US embassy.

You can visit your home country, Mexico, Canada, or any other country to get this H4 visa stamp.

You will need an explanation of your situation as to why you did not file an extension time along with the regular documents for the H4 visa stamp.

On the DS-160 form, you will have to say yes to the question and then explain your situation.

How to explain?

The most common answer to H4 not being filed timely is “We did not know that an H4 extension is required“. This is the WRONG answer as negligence of US immigration laws is not allowed.

We suggest writing any one of the following based on your situation:

  • The employer usually files the H4 extension along with H1B and this time, they did not sponsor the H4 extension. We filed an NPT extension as soon as we got to know about it.
  • We traveled out of the US and the H4 i94 was shortened due to the passport expiry on re-entry. We forgot to track the i94 expiry but applied for an H4 extension as soon as we realized our mistake

Unlawful presence starts on I94 expiry

Even a single day stay after your H4 i94 has expired is counted as an “Unlawful presence”.

No issue if you mention the Truth in DS 160

It is okay to mention this Unlawful presence time as it is a genuine time. It should not affect your application.

How to File a Nunc Pro Tunc Request?

NPT does not have any official form or a template to file with USCIS. It is simply a request on plain paper that you can write to explain your situation and request approval from the past date.

  1. Supporting documents: We suggest including the supporting documents that help prove your argument of why you missed filing the extension before the i94 expiry.
    • Expired Passport copy – If i94 expired due to passport expiry
    • Medical condition – If you had any medical condition that prevented or made you forget to file an extension on time, then include your medical bills and a letter from the Doctor about your condition.
  2. Cover letter: Write a letter explaining your situation. If you need help with writing an NPT cover letter, you can contact us and one of our experts will write one for you.
  3. USCIS Form: In the case of H4, you will need to fill out form i539.

You will need to send your NPT cover letter, supporting documents, and the USCIS form in the same package to USCIS.

FAQ

My H1B employer forgot to file an H4 extension for my spouse and child. How is it my mistake?

The H4 application is a personal application for H1B’s dependents. It is not the employer’s responsibility to file their visa extensions on time.

Most good employers do file and pay for H4 visa extensions but they are not obliged to do it every time.

Many small companies have also started asking the H1B to pay for H4 extensions due to the high costs involved with Attorney and USCIS filing fees.

Does H4 have to go to the home country and go for stamping by explaining the circumstances about missing to file timely?

You can visit your home country, Mexico, Canada, or any other country to get an H4 visa stamp on your passport.

Yes, an explanation and supporting documents would be required to support your story about why you missed filing on time.

In 99% of H4 cases, this is considered a basic negligence offense and the visa office in the US embassy is lenient.

Can I get NPT approval even if I have spent 180+ days after the i94 expiry in the USA?

Yes, you can get the NPT approval even after spending 180 days in the US after the i94 expiry. It depends on the USCIS officer and how they interpret your situation.

It would be good if they approved your NPT application with a back date. The unlawful presence is removed.
You do not need to declare it in future applications as long as the previous i94 date has been matched.

If they deny it, you will have to leave the US. Then, apply for an H4 visa stamp with the US embassy and get an entry ban waiver to re-enter.

The post Missed to file H4 extension, Spent 180+ days in US after i94 expiry [What to do?] appeared first on AM22Tech.

]]>
H1B Visa Renewal In USA – $205 fee – Rules, Form 221g, Denial? https://www.am22tech.com/h1b-visa-renewal-in-usa/ https://www.am22tech.com/h1b-visa-renewal-in-usa/#comments Tue, 19 Dec 2023 13:09:35 +0000 https://am22tech.com/?p=195118 H1B visa renewal in USA to start in Jan 2024. H4 dependents not eligible. Form 221g may be issued even after USCIS approval. Visa can be denied.

The post H1B Visa Renewal In USA – $205 fee – Rules, Form 221g, Denial? appeared first on AM22Tech.

]]>
Update 10 Jan 2025

Visa renewal within the USA might be announced sometime in 2025. The final date is not available. The US government ran a pilot program in 2024 and allowed only specific H1B applicants to apply.

The US embassy in India had mentioned in their recent statement that this pilot program was successful.

US embassy in India mentioned that visa renewal in USA will be a permanent soon
US embassy in India mentioned that visa renewal in USA will be a permanent soon

The US Department of State (which governs US embassies) intends to make it a permanent program soon preferably sometime in 2025.

Pilot Program 2024

H1B visa renewal without traveling outside the USA was available between 29 Jan 2024 to 1 April 2024 within the USA.

The visa renewal, form 221g, or denial within the USA should have the same rules as they have when you travel outside the US.

The major benefit that I foresee is the ability to keep staying in the USA even if the visa renewal is denied, which is not possible if you apply at the US embassy outside the US.

How to Apply

The application can be submitted for H1B visa renewal within the USA at this DOS website. You will be required to fill out the DS-160 form separately.

  1. Fill DS160: Fill DS–160 form online by selecting “U.S.-DOMESTIC” as your location.
  2. Fee payment:
    • Fee payment has to be done on the US Travel Docs website (for Indians, this is the website).
    • Create a log-in on the US Travel Docs website if do not have one already.
    • Pay the fee as per the visa.
  3. Schedule appointment:
    • Even though visa stamping in the USA does not need any physical interview, the process requires you to schedule an appointment.
    • Select ‘Washington DC‘ as your visa ‘post’ on the US Travel Docs website and then print the appointment letter.
  4. Prepaid Courier Label:
    • Three days before the appointment date, you will receive an email containing instructions for the document submission process.
    • The email will include a prepaid courier airway bill that should be carried along with the documents to the FedEx courier office for submission.
    • Once submitted to FedEx, your application will be sent to Washington DC.
  5. Passport return: Passports will be returned via FedEx mail in both cases: Visa issued or not issued.

It’s a good start keeping in mind the trouble people face in booking appointments with the USA Travel Docs website, especially the Indian version which is riddled with software bugs.

Visa Renewal Rules (Pilot program)

These were the rules defined for the pilot program in 2024. We will update once the full-fledged program rules are announced in 2025.

  1. Should be an H1B visa renewal
  2. Previous H1B visa stamp (expired or unexpired) should have been issued by
    • US Embassy in Canada between 1 Jan 2020 to 1 Apr 2023 OR
    • US Embassy in India between 1 Feb 2021 to 30 Sep 2021
  3. Eligible for dropbox
  4. Must be residing in the US at the time of application
    • Your visa can be denied if you leave the US before the application reaches a result
    • No proof of residence is required
  5. Have an approved and valid H1B petition from USCIS (form i797)
    • This can be an H1B transfer, change of status, amendment, or an extension approval.
  6. Most recent valid i94 shows status as “H1B”
    • If you changed your status to non-H1B, or your most recent i94 shows any other status, then you are not eligible.

The eligibility criteria to apply for H1B visa renewal within the USA are quite restricted for the pilot phase.

You can use our app to see if you are eligible for visa renewal in the USA.



Open App in new Window

It is expected that the previous visa issuance country and the date range will be removed later.

Documents required

  1. One Photo (2×2) size
  2. DS-160
  3. Original valid passport (Valid for at least the next 6 months from the date of application)
  4. H1B valid unexpired i797 (original or color copy)
  5. H1B valid unexpired i94

The document mail address will be shared by DOS online in their portal once you have submitted your application.

You can mail by USPS, UPS, or FedEx as per your choice.

All your documents will be returned to you with your original passport as usual.

Fee

The non-refundable fee is $205 and can be paid by debit or credit card online on the DOS portal.

If you do not qualify for the Dropbox separately, and you still apply for the visa, DOS will reject your application and the fee will not be refunded.

Processing Time

The estimated processing time is 6-8 weeks. There is no premium processing available.

DOS plans to finish processing all applications received during the pilot phase by 1 May 2024.

You will be able to check the application status on the CEAC website, as you do when you apply with the US embassy outside the USA.

FAQ

Are H4 dependents eligible for visa renewal in the USA?

As per current information, the H4 dependents will not be eligible for their visa renewal.

Only H1B primary applicants are included in the pilot program that the US government is starting.

Can a form 221g be issued within the USA as the US embassy issues it?

Yes, DOS will issue form 221g to do administrative processing before the visa is issued.

You will be given enough time to submit the requested documents.

Can the visa renewal be denied within the US even if the H1B petition is approved?

Yes, the visa renewal can be denied even if the H1B petition is already approved by USCIS.

Can I keep staying in the USA even if my visa is denied but the USCIS H1B petition is valid?

Yes, you should be able to keep staying in the US even if your visa is denied or delayed if you have a valid i94.

When USCIS approves your H1B extension, transfer, change of status, or amendment with a new i94, it comes with a new extended validity to stay.

Note that your i94 governs the stay within the US while you are physically in the country. The visa stamp in the passport is only needed to enter the USA.

Hence, even if your visa stamp is denied by DOS while you are physically in the US with a longer i94 expiry, you can keep staying in the USA without issues.

Can I keep working as H1B even if the visa stamp renewal is denied?

You should be able to keep working and staying in the USA if you have a valid H1B i94 even if your visa stamp renewal is denied.

Can I apply for an H1B extension within the USA if my visa is denied?

Yes, an H1B extension can be applied with USCIS even if your H1B visa stamp renewal is denied.

What if I am eligible for Dropbox, but DOS wants an in-person interview after I submit the domestic visa renewal application?

If DOS wants an in-person interview after you have submitted your application, they will deny your domestic visa renewal application.

You can then apply again at any US embassy outside the US. You may become ineligible for Dropbox there as your most recent visa application would be considered “denied”.

They will deny the visa without prejudice, which means that it should not affect your future visa application decisions.

Will domestic visa renewal update the i94 or extend the i94?

No, the i94 will not be updated with visa renewal.

I was on an F1 visa, and I have my H1B approved, and was not stamped yet. Will my H1B stamping come under visa renewal?

You are not eligible for the H1B visa domestic renewal pilot program.

Is first-time H1B visa stamping within the USA (domestically) eligible?

No, the first-time H1B visa stamping is not eligible for US visa renewal within the USA program.

I received form 221g earlier and have clearance received marked on my previous visa stamp in my passport. Am I eligible?

You are not eligible for stateside visa renewal at this time.

Similarly, people who received the DS-5535 form (instead of form 221g) will be ineligible too.

Can I get DS-5535 when I apply for visa renewal in the USA?

Yes, they can issue DS-5535.

More Questions?

Add them in the comments or send them on Twitter @am22tech and we will try to answer to the best of our knowledge. Note that this is not a legal advice.

The post H1B Visa Renewal In USA – $205 fee – Rules, Form 221g, Denial? appeared first on AM22Tech.

]]>
https://www.am22tech.com/h1b-visa-renewal-in-usa/feed/ 10
Travel while H1B Pending is allowed (Extension, Transfer, Amendment, COS) https://www.am22tech.com/travel-while-h1b-is-pending-extension-transfer-cos-with-uscis/ https://www.am22tech.com/travel-while-h1b-is-pending-extension-transfer-cos-with-uscis/#comments Tue, 23 Oct 2018 22:50:07 +0000 https://am22tech.com/?p=168353 You can travel while H1B is pending with USCIS. H1B Change of Status is abandoned. Transfer, Amendment travel allowed. For re-entry, you need valid H1B.

The post Travel while H1B Pending is allowed (Extension, Transfer, Amendment, COS) appeared first on AM22Tech.

]]>
Traveling while your H1B application is pending approval is allowed by USCIS but it can be risky in some cases.

We do not recommend traveling unless you have a real emergency to go out of the USA especially when the Amendment is pending.

We recommend upgrading your H1B application to premium and getting approval within 15 days before traveling to be on the absolute safe side.

H1BTravel AllowedUS Entry Risk
AmendmentYesNo entry without a Valid H1B stamp.
ExtensionYesNo entry without a valid H1B or non-H1B Visa.
Change of StatusYesNo entry without a Valid H1B stamp.
TransferYesNo entry without Valid H1B stamp.

You can learn quickly by watching this short story about traveling while H1b is pending.

H1B Change of Status is Pending Risks

You can travel outside the US while an H1B change of status is pending. 

The risk of travel is that USCIS will automatically abandon your Change of status request.

H1B Change of Status application status at the time of re-entry to the USA:

#1 H1B COS APPROVED

You will have to get a hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa.

This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA.

#2 Change of Status DENIED

If the H1B COS is denied while you are traveling, you can enter the USA only with any other visa you have.

#3 COS to H1B PENDING

You cannot enter using H1B status as the application is still pending. You need some other valid visa to enter the USA.

The underlying H1B application will be approved (if approved) with consular processing meaning that you will have to go to the US embassy to get an H1B stamped in your passport and then re-enter the USA.

H1B Extension is Pending USCIS Decision

You can travel outside the USA during the pending H1B extension. Make sure you have an existing H1B visa that is valid on the date of your re-entry to avoid trouble.

If your current H1B visa has already expired and you travel, you will NOT be able to enter the USA until your pending H1B extension is approved.

Example:

You can travel to India while the H1B extension is in progress and the visa is still valid for re-entry.

H1B extension status when you re-enter the USA:

#1 H1B Extension APPROVED

You will have to get the hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with a NEWLY approved H1B extended petition.

You can still enter using your OLD valid H1B (if any) but, your i94 will be restricted to the old H1B’s expiry date.

This will be a problem as you will have to either file another H1B extension to get a new i94 or travel outside the USA again and get an extended H1B stamped in your passport.

#2 Extension is DENIED

If the H1B extension is denied while you are traveling, you can only re-enter the USA if your existing H1B visa is still valid at the time of re-entry.

#3 PENDING Extension

You can still enter using your OLD valid H1B (if any) but, your i94 will be restricted to the old H1B’s expiry date once it is approved.

You may not get a new i94 with approval.

H1B Amendment is Pending Result

You can travel internationally while your H1B amendment is still under process at USCIS but we recommend to NOT travel as re-entry risk is very high.

If your amendment status is approved, denied, or pending while you are outside the USA:

#1 APPROVED Amendment

You will need to get the new physical i797 approval shipped to you to re-enter the USA.

#2 H1B Amendment DENIED

You can re-enter the USA using existing H1B approval and stamp but will have to only work using the non-amended H1B.

#3 Amendment is PENDING

You can re-enter the USA using existing H1B approval and stamp but the immigration officer will ask tough questions.

  • You may be denied entry if you have already started working based on the H1B amendment receipt. This is a very high-risk situation.
  • USCIS may not issue a new i94 once the amendment is approved as you exited the US.

If you want to enter the US to work with an old approved H1B and an old work location (not a new location), then you are fine.

You should be able to enter the US without any issues.

Travel while h1b pending details
Travel while h1b pending details

H1B Transfer is Pending Approval

Can I travel while my H1B transfer is pending: Yes, you can.

But, our suggestion is to avoid travel while the H1B transfer is pending if you have already joined (started working) for a new employer based on the H1B receipt.

If you are still working with the current H1B employer and waiting for the H1B transfer result, you can travel.

Make sure your H1B stays valid at the time of your return to the USA.

H1B transfer status when you re-enter the USA:

#1 H1B Transfer is APPROVED

If you had already joined the new employer before leaving the USA, you are lucky. Get the H1B i797 hard copy mailed to you outside the USA and then get an H1B stamp using DS-160 in the US Embassy.

  • If you do not want to get an H1B stamp, you can still enter the USA using your old employer’s H1B stamp is still valid. 
  • Show the approved H1B transfer i797 at the immigration counter at the port of entry to get the i94 with the H1B transfer expiry date. 
  • If the immigration officer entertains your request, you are good. 
  • If not, your i94 will be restricted to the old H1B’s expiry date.

This will be a problem as you will have to either file another H1B transfer to get a new i94 or travel outside the USA again and get transferred H1B stamped in your passport.

#2 Change of Employer Transfer DENIED

If the H1B application is denied while you are traveling, you can only re-enter the USA if your existing H1B visa is still valid at the time of re-entry.

If you have moved on to a new employer, based on receipt, your old employer would have already withdrawn your H1B approval.

You will NOT be able to enter the USA if it’s already revoked.

#3 H1B Transfer PENDING

There is a high risk if you have already started working with a new employer on receipt.

The immigration officer may deny your entry as you do not have the approved H1B for your current new employer.

The post Travel while H1B Pending is allowed (Extension, Transfer, Amendment, COS) appeared first on AM22Tech.

]]>
https://www.am22tech.com/travel-while-h1b-is-pending-extension-transfer-cos-with-uscis/feed/ 41
Multiple H1B Jobs at Same Time In Different Fields (Concurrent H1B) https://www.am22tech.com/concurrent-h1b-multiple-jobs/ https://www.am22tech.com/concurrent-h1b-multiple-jobs/#comments Tue, 10 Dec 2019 23:50:00 +0000 https://am22tech.com/?p=1343 Multiple h1B jobs at same time with Concurrent H1B. Jobs can be in different fields, specialty occupation. Primary H1B employer not required to be informed.

The post Multiple H1B Jobs at Same Time In Different Fields (Concurrent H1B) appeared first on AM22Tech.

]]>
USCIS allows H1B holders to work at multiple places if they have explicitly applied for a ‘concurrent H1B‘.

Concurrent H1B is different than two separate H1B approvals which you normally have in case you get the H1B transfer approved along with the extension.

What is Concurrent H1B?

Concurrent H1B means that one or more employers employ an H-1B worker at the same time.

USCIS allows you to work on multiple jobs if you have approved ‘CONCURRENT‘ H1Bs.

This can be understood as:

  1. Primary H1B (This H1B is not required to know about secondary employer)
  2. Secondary H1B (This H1B i-129 application form should have explicit mention of primary H1B employer)

Example:

A Software Engineer working with Employer A’s H1B full-time can also work as a system consultant for Employer B.

FAQ

Can I work in H1B status for two different employers if the jobs are in completely different fields?

You can work with multiple employers on H1B even when the jobs are in completely different fields.

The expertise has to be proved with the same level of documentation as used for the primary H1B application.

The second employment also should be eligible for an H1B visa’s specialty occupation criteria.

How can I apply for Concurrent H1B?

You have to find an employer who can sponsor you and file a ‘concurrent’ H1B for you.

As an individual, you cannot apply it directly with USCIS.

Which H1B information is mentioned on DS-160?

You should mention the primary H1B with full-time employment on DS 160 form for visa stamping.

When Can I start working on Concurrent H1B for my Second employer?

You can start working for the second employer on the USCIS receipt.

There is no need to wait for USCIS approval.

How many hours per week can I work on second H1B employment?

There is no limit on the number of hours you can work using concurrent H1B.

Both primary and secondary H1B can work for 40 hours a week separately.

Can I have two full-time jobs on H1B for different employers? Both of them are work-from-home projects.

Yes, it is legally possible to have two full-time concurrent H1Bs and work on two full-time jobs from your home.

But, the chances are low for a second full-time H1B approval unless USCIS is satisfied that you can work 80 hours per week.

Is Specialty Occupation Required for Concurrent H1B?

The Concurrent H1B is also required to be a specialty occupation.

It must meet all other requirements of a regular H1B petition too like an employer-employee relationship, concrete project information, and client letters.

Does my primary H1B employer get information about my second H1B employer?

USCIS does not explicitly send information about second employer B’s concurrent H1B to primary H1B (first employer A).

You are also under no obligation to inform your primary H1B employer A about employer B.

On the other hand, Employer B has to be informed about Employer A’s H1B. This is because Employer B has to specifically mention it in the H1B application that it is a ‘CONCURRENT‘ H1B.

How Many Concurrent H1Bs Can I Hold?

There is no official limit on how many Concurrent H1Bs you can hold simultaneously.

But you should be careful with the total number of hours per week that you plan to work.

USCIS may not approve the concurrent H1B if they think that it is not practically possible to work as per your claims.

Is Concurrent H1B visa stamping required?

You do not need to apply for a “second stamping” for your concurrent H1B job.

It is sufficient that you have one valid H1B visa “stamp” in your passport to re-enter the USA if you travel outside.

You should carry the following as proof though:
2nd concurrent H1B’s USCIS i797 Approval Notice, 3 most recent pay stubs for each H1B job, and an employment verification letter by each employer.

What is Concurrent H1B Fees?

The concurrent H1B filing fees are the same as a standard H1B application. Premium processing is available too.

Can I hold L1 and H1B at the same time?

You can hold L1 and H1B work visas at the same time but can only use one of them at a time to work in the USA.

You cannot use both at the same to do multiple jobs.

Can I hold H4 EAD and H1B at the same time?

You can have both an H4 EAD card and an H1B at the same time but can only use one of them at a time for your employment in the USA.

H4 EAD can only be used if your i94 shows your status as H4.
You cannot have more than one status at one time in the USA.

Is i140 Processing Affected by Concurrent H1B?

I140 processing is not affected by multiple H1Bs.

Can we File a Concurrent H1B at the time of the lottery?

You cannot file concurrent H1B applications at the time of the lottery.

A lottery application means that you need to go through the H1B quota at least once.

Once you have got the H1B lottery selection, then you can file another secondary H1B as a concurrent H1 B once you are in the USA.

The post Multiple H1B Jobs at Same Time In Different Fields (Concurrent H1B) appeared first on AM22Tech.

]]>
https://www.am22tech.com/concurrent-h1b-multiple-jobs/feed/ 1
USCIS Medical Interfile with Barcode for Pending i485 (Send without RFE) https://www.am22tech.com/medical-interfile-letter/ https://www.am22tech.com/medical-interfile-letter/#comments Thu, 17 Jun 2021 20:51:33 +0000 https://am22tech.com/?p=191887 Create USCIS medical interfile letter for pending i-485 application. Send to service center without RFE at address printed on i-485 receipt notice.

The post USCIS Medical Interfile with Barcode for Pending i485 (Send without RFE) appeared first on AM22Tech.

]]>
You can send the i-693 medical form without RFE and request USCIS to interfile your sealed health record with the pending i-485 application (Green card).

This acts as a cover letter to send with your medical RFE. Since it has your receipt barcode, USCIS can easily scan it and find your application file quickly.

You can use our app to generate this medical RFE interfiling cover letter and keep it on top of the i693 package that a USCIS-approved Civil doctor would have given you.

You can also use this letter if you send medical records in response to USCIS RFE (Request for Evidence).

Sample Green Card Medical Letter

You can use this sample medical interfile cover letter to attach to your sealed medical envelope.

Make sure that you change the values as per your case.

Note that the current status of your i485 application should be ‘Pending’. You can check the current status on the USCIS case status website here by using your receipt number.

Receipt Barcode Required?

Printing a receipt and A number barcode is optional.

  • Adding a Barcode helps USCIS scan and locate your Green card file easily.
  • Attorneys recommend it to make it easier for USCIS.

Sample Barcode printed on medical interfile letter:

USCIS medical interfile letter with both receipt and A number barcode that attorneys recommend
USCIS medical interfile letter with both receipt and A number barcode that attorneys recommend

USCIS Processing Time After Medical Interfile

The processing time varies a lot with the service center and the officer who is working on your case.

However, it has been seen that once your medical reaches the USCIS service center, the processing time can be anytime between 10-60 days for green card approval.

Many people wait for the medical RFE to be issued by USCIS.

We recommend sending it without waiting for RFE to increase your chances of getting ahead in the i485 queue.

It saves time by cutting down all the time consumed by medical RFE.

Does the USCIS case status update after interfile is accepted by USCIS?

It is not guaranteed that you will see a case status update. Sometimes, it does update though.

It can take anywhere from 1-30 days for them to process your mail.

You might see a USCIS case status update like this once your medical interfile letter has been delivered by mail service to USCIS:

Can USCIS send an RFE even after receiving my Medical Interfile?

Yes, they can send an RFE for medical even after receiving your medical interfile.

To mitigate this situation, we recommend getting two copies of your medical from the doctor.

Send one as interfile and keep the other as a backup in case USCIS sends an RFE.

Medical Validity

Doctor signature 60-day rule

On Mar 31, 2023, USCIS removed the 60-day rule of doctor signature. This means that i693 will be accepted even if the doctor signed it more than 60 days ago.

Earlier, the i693 form was considered valid only if the doctor had signed it within 60 days of submitting it to USCIS. There is no such requirement now after 31 Mar 2023.

Medical Expiry Date

The medical form does not expire. In 2024, USCIS announced that once a medical is submitted, it remains valid for its life if submitted in 2024 or later.

Earlier, this term was 2 years (before 2024) and USCIS used to ask for new medicals every two years if i-485 remained pending.

Medical Cover Letter App

You can write this letter yourself or use our app to create one for you.

The app creates a PDF file that can be printed on a plain A4 size white or colored paper sheet.

It is okay even if you use plain white standard paper.


Generate Medical Interfile Letter

Interfiling Risks vs Benefits

Please note that there is no official medical interfiling process designed or published by USCIS.

The interfiling simply means that you send the documents as per your wish and then request USCIS to add them to your file. All this is done without USCIS requesting these documents through the official process of RFE (request for evidence).

Since it is an unsolicited request, USCIS may or may not add these documents to your file.

Many people have seen success with sending the i485 medicals without RFE but there is no guarantee.

Also, your attorney may or may not agree to send it without RFE. So, it is entirely your choice. You can send the medical interfile letter directly yourself without asking your attorney to do it.

Benefits of interfiling

There is a 50% chance that your interfiled medical application will end up in your green card file at the USCIS service center.

Now, a 50% chance is a very good chance given that there are thousands of applications waiting to receive medical RFE.

If your interfile request is successful, then your file has a better chance of

  • Getting ahead in the queue even though your PD date or the i485 receipt maybe after someone who has an earlier PD date.
  • The USCIS officer working on your case may not issue medical RFE at all if they see your interfiled medical in your file. This will easily save about 30 days of processing time on your case.

Risks of interfiling

There is virtually no risk in sending the i693 form without an RFE except that you may lose the doctor’s fee if USCIS does not add it to your file.

The Doctor usually charges about $350 per application and you stand to lose it. We know that most Indians will happily take this risk even if it gives them a slight chance to get ahead in line.

  • Your pending i485 application will not see any adverse effect simply because you tried to interfile.
  • USCIS will issue the medical RFE. In this case, you will have to redo the medical and send it with an RFE letter.

Our Suggestion

Send the sealed medical letter along with the cover letter and the i485 receipt bar code.

There is nothing to lose here. Just try every possible option to help move your application ahead in the queue and get a green card faster. You may have waited for a decade for your Green card. Do not leave any stone unturned to push your application forward.

We understand that this effort may go to waste but think of the situation where it may get accepted. Your application will certainly save time and may get approved earlier than others.

USCIS Interfiling Address

You should ideally send the medical interfile package to the address printed on your i485 receipt notice. The service center address will be mentioned in the bottom left corner of the i-485 receipt notice.

Sending to USCIS Field Office?

You can also send it to the USCIS field office if your green card file has been transferred. You should confirm this by first checking with USCIS Emma chat.

How to Get Your File’s Field Office Location?

To ask for the current location of your Green card file from Emma’s agent, follow these steps:

  • Visit uscis.gov and click the “Ask Emma” button to start chatting with Emma’s agent.
  • Once the chat box is open, type “representative“.
  • When you see the list of options, click “case status“.
  • Click “connect to live chat” and enter your i-485 receipt number.
  • When prompted for your request, type “location of file“.
  • At this time, you should be connected to a live agent.
  • Ask them “I would like to know where my I-485 file is right now“? The agent should provide the service center’s name or local field office.
  • Once you know the field office, ask them if they have the office’s address. If they give it, use it to send your medical interfile letter. If they can’t give the address, you can search it on the USCIS website by field office name or search on Google.

FAQ

Which USCIS center should we send the Medical Interfile Letter to?

You should send the medical interfile letter to the USCIS service center address that’s printed on the left bottom corner of your i-485 application receipt notice.

The receipt notice is usually called form i-797C (notice of action).

Will USCIS send any receipts after getting the Interfile letter?

USCIS usually does not send any receipt or acknowledgment for interfiling letters.

They send receipts when they have requested the documents by way of issuing RFEs.

Can I use the interfile letter like the cover letter to send with my Medical RFE?

Yes, you can use the same interfile letter as a cover letter for your medical RFE response.

It certainly helps USCIS since you are adding your i485 receipt bar code.

Does the medical form sent to USCIS expire?

The medical form does not expire.

In 2024, USCIS announced that once a medical is submitted, it remains valid for its life if submitted in 2024 or later.

Earlier, this term was 2 years (before 2024) and USCIS used to ask for new medicals every two years if i-485 remained pending.

The post USCIS Medical Interfile with Barcode for Pending i485 (Send without RFE) appeared first on AM22Tech.

]]>
https://www.am22tech.com/medical-interfile-letter/feed/ 61