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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1 (permalink)  
Old 08-27-2008, 01:04 PM
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suni is on a distinguished road
Default driver licence renewal

I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

Please respond.
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  #2 (permalink)  
Old 08-27-2008, 01:25 PM
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Default What state?

Where did you go to renew your licence (what state)?

Quote:
Originally Posted by suni View Post
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

Please respond.
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  #3 (permalink)  
Old 08-27-2008, 01:32 PM
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Default

Quote:
Originally Posted by suni View Post
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

Please respond.
As mentioned in your other post. This should have no bearing on your status.

Question: Dear Ms. Murthy, can one apply for a driver’s license with I-485 receipt notice or is the EAD needed?

Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
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  #4 (permalink)  
Old 08-27-2008, 01:58 PM
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Default

Quote:
Originally Posted by cooler View Post
As mentioned in your other post. This should have no bearing on your status.

Question: Dear Ms. Murthy, can one apply for a driver’s license with I-485 receipt notice or is the EAD needed?

Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
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  #5 (permalink)  
Old 08-27-2008, 03:16 PM
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Default

Quote:
Originally Posted by gcdreamer05 View Post
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.
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  #6 (permalink)  
Old 08-27-2008, 03:24 PM
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Default

None of the responses can help you unless you state your state. Believe me, I have lived in 7 states till now. I went to the dmv in 4 of them.
Quote:
Originally Posted by suni View Post
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?

Please respond.
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  #7 (permalink)  
Old 08-27-2008, 04:19 PM
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Phogs is on a distinguished road
Default My Experience

I went to AZ-DMV showed them my I485 receipt. The representative didn't know about the new ID law that this is enough as a legal document. I need to asked for the supervisor to get my license renewed.
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  #8 (permalink)  
Old 08-27-2008, 04:55 PM
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Lightbulb I went to WI DMV

Quote:
Originally Posted by Phogs View Post
I went to AZ-DMV showed them my I485 receipt. The representative didn't know about the new ID law that this is enough as a legal document. I need to asked for the supervisor to get my license renewed.
They did not accept the I-485 receipt... They did accept the EAD and renew based on that...
__________________
This is not Legal Advise!!!

WI State Chapter - http://groups.google.com/group/iv-wi-mw?hl=en
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  #9 (permalink)  
Old 08-27-2008, 06:18 PM
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achu can only hope to improve
Default

hello,

dmv need USCIS issued photo identification in order to renew or change your DL. first they check if you have a valid visa with photo, if not they ask for valid EAD. if you don't have these then you have to show the approval notice. but the biggest problem with this is it take 3 to 5 months to process DL. hope this help.

achu.
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