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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 01-06-2009, 11:25 AM
gimme_GC2006 gimme_GC2006 is offline
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Default Response from Attorney - Drivers License, H1B Renewl Vs EAD

My case..
My H1B is sent for renewal and my current H1 expires in Feb 2009.
And I went for drivers license renewal in Dec 2008, they extended it for just one month saying I have to bring back the copy of H1 extension when its approved.

Also, I have a 2 year EAD, which I NEVER used.

So, I emailed our company's attorney (they are big shot attorney's..there is separate thread on them )

They advised me to take EAD and show the DL office and get drivers license.
I asked them, If I show my EAD for DL renewal, does that mean, I have used EAD and cannot continue on H1B?
Their response,

Quote:
Yes, you can present the EAD card, you do not loose the H1B. You will be a
pending AOS applicant and H1B holder.
But my understanding was you can either be on H1B or on EAD..but not use both at the same time???
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EB2/PD Dec 2005 (India)
I-140 - Approved 06/2006
I-485 - RD 08/08/2007

485 Approved 08/18/2010
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  #2  
Old 01-06-2009, 12:06 PM
gcdreamer05 gcdreamer05 is offline
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Default

When you show your EAD to DL, it means you are not using it, you are just showing it as a valid document for them to give drivers license till its expiry date, you are still on h1b only.

Only if you file I-9 form to your employer stating you are using EAD, then you are not using h1b.

So it is ok to show EAD for DL and continue on h1...
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  #3  
Old 01-06-2009, 12:19 PM
a_yaja a_yaja is offline
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Default

EAD = Employment Authorization Document

By showing the DMV your EAD, are you getting employed by them ?

As GCDreamer correctly pointed out, showing your EAD to the DMV does not change the fact that you are still using your H1B for employment. Only on using the I-9 form and specifying that you are going to use EAD for employment does it mean that you are no longer on H1B.
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  #4  
Old 01-06-2009, 12:27 PM
gimme_GC2006 gimme_GC2006 is offline
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Default

Quote:
Originally Posted by gcdreamer05 View Post
When you show your EAD to DL, it means you are not using it, you are just showing it as a valid document for them to give drivers license till its expiry date, you are still on h1b only.

Only if you file I-9 form to your employer stating you are using EAD, then you are not using h1b.

So it is ok to show EAD for DL and continue on h1...
Quote:
Originally Posted by a_yaja View Post
EAD = Employment Authorization Document

By showing the DMV your EAD, are you getting employed by them ?

As GCDreamer correctly pointed out, showing your EAD to the DMV does not change the fact that you are still using your H1B for employment. Only on using the I-9 form and specifying that you are going to use EAD for employment does it mean that you are no longer on H1B.
Oh..ok

Thank you

I thought, they will update some of their records and wanted to make sure nothing comes out of the blue and kicks my back


Thank you both for response (gave you green )
__________________
EB2/PD Dec 2005 (India)
I-140 - Approved 06/2006
I-485 - RD 08/08/2007

485 Approved 08/18/2010
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  #5  
Old 01-20-2009, 07:18 PM
sts_seeker sts_seeker is offline
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Default

Hello, gimme_GC2006
I was wondering why are you extending your H1-B since you have EAD already? Has your I-140 approved Yet? In Fact, I am also in similar situation, My I-140 is approved and visa date current (Eb3) and I-485 was applied in July 07. I had EAD but never and still working in GC applying Company. But my H1b is expiring in Feb'09 so if I have to extend H1b, it costs like 2K again so I am doubting whether to extend H1 or stay in EAD/ Can you suggest me?
Thanks
sts_seeker.
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