H1/H4/EAD Extension process

[packydarn]

Hi,

My current company file H1 Extension along with this H4 & H4-EAD has also been sent under regular processing not premium

My H1B is expiring on July 17, 2024 & I94 too. Since it has been filed under regular processing, what I know is that, to get the receipt itself it will take 2-3 weeks then approval will take 3-5 months.

Questions are as follows:

1. How do I extend my DL? Can I extend my DL based on receipt notice?
2. How it will work if I get a new job meanwhile my new employer files for H1B transfer along with H4 & H4 EAD?
3. Are there any risk involved if I switch my job during this extension process?
4. Are there any time window that I can upgrade my petition for premium processing?
5. What happens during this process due to some emergency we have to travel outside of US

[Atty_Divij_Kishore]

Hi Packydarn,

1. Depending on the State you reside in, you may be able to extend your DL on the basis of the Receipt Notice. DMV Rules vary from State-to-State. It would be a good idea for you to seek specific legal guidance about the requirements in your State.
2. There is nothing to stop a new employer from petitioning for an H-1B Transfer while your Extension is pending. However, if the H-1B Extension is denied for any reason, there could be some additional complications for you to address. The H-4 and H-4 EAD can also proceed concurrently. Premium processing would be recommended.
3. There is very little risk associated with changing jobs during the pending H-1B extension.
4. An upgrade to premium processing can be requested at any point while the H-1B Petition is pending.
5. The biggest challenge with urgent international travel would be your return to the US.
   1. Your extension will need to be approved before you can return to the US.
   2. You may need a new H-1B visa (if your last visa has expired before the date of your entry to the US).

All the best!