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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  
Old 01-08-2009, 12:44 PM
radhay radhay is offline
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Default Immigration check: Driving license denied(H4 --> EAD)

Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.

At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.

Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.

Last edited by radhay; 01-08-2009 at 12:47 PM.
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  #2  
Old 01-08-2009, 01:03 PM
abhisam abhisam is offline
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Quote:
Originally Posted by radhay View Post
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.

At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.

Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
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  #3  
Old 01-08-2009, 01:59 PM
vin13 vin13 is offline
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Default license for EAD users

radhay,

My wife had only EAD and no other status and she was able to get the license in PA upto the validity of EAD.
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  #4  
Old 01-08-2009, 03:13 PM
radhay radhay is offline
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I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
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  #5  
Old 01-08-2009, 03:27 PM
jayleno jayleno is offline
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I and my wife got our licences from Bridgeport, CT DMV in July 2008(till 2014). I'm on H-1 and my wife is using EAD. We chose to get the renewal based on pending I-485. All they needed regarding immigration was I-485 original reciept(they did not accept photo copies). Try a different DMV in CT and see, it could be that pirticular officer who may not be trainied properly. I had to argue with one officer at that time because he also was giving me a similar reason that they gave to you, and he was corrected by another person at the office, probably a more experienced one.

Quote:
Originally Posted by radhay View Post
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.

Last edited by jayleno; 01-08-2009 at 03:33 PM.
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  #6  
Old 01-08-2009, 03:51 PM
suavesandeep suavesandeep is offline
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Even for my wife early last year we had issues in the PA DMV, As some others mentioned not all officers are aware of the rules. We did take the PA Fact sheet print out which clearly mentions that people with EAD should get a 1 yr license extension.
http://www.dmv.state.pa.us/pdotforms...s/pub195nc.pdf

After showing the same, the officer consulted with his senior and did extend the licence. I am guessing even CT should have some official document as above which you should be able to use.

Dont worry i am sure you will get it extended soon.. As others mentioned just your bad luck.
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  #7  
Old 01-08-2009, 04:01 PM
dharmesh.pariawala dharmesh.pariawala is offline
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Default Try another DMV office

Quote:
Originally Posted by radhay View Post
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
I had problem when I wanted to register my Car in New Jersey. I had moved to New Jersey from MA, so I had MA license at that time and was staying temorarily at my cousin's place. When I went to one DMV they told me that you need to have NJ driver's license to register my car. I told them the situation and that I was going to get NJ license once I get my place, but they just didn't register my car. I went twice at that place and got same answer.

Then I went to different DMV and the guy understood my situation and gave me a temporary NJ driver license number (NOT driver license) and registered my car. TOld me to give this number when I come to get NJ license and everything worked fine.

Its just some poeple don't want to know about some this or just want to create problems.
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  #8  
Old 01-09-2009, 05:14 PM
radhay radhay is offline
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Thanks for your suggestions. I think I will try another office.
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  #9  
Old 01-09-2009, 06:20 PM
chanduv23 chanduv23 is offline
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Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?

A quick trip to Canada can solve this problem?

This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.
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