About driver license renewal when I485 pending

G

givemegreencard

Registered Users (C)
Dear all,

I moved from Mich. to NY last March. My I485 is pending now. My current status is H4 but working on a full-time basis using my EAD since this May. My I485 is derived from my husband's I485 case.

My Michigan. driver license will expire this Dec., and my H4 will expire this Dec. (the same date as my husband's H1B). Our attorney is preparing to renewal my husband's H1 and my H4.

For my case, I donot know anybody has experience in renewaling license in NY state. Currently, I am still using my old Michigan driver license.

Any ideas are welcome and highly appreciated. :confused:

thanks
 
There are 2 different issues here: license and status

First, as was correctly suggested above, once you started using your EAD, you are not H4 anymore. Strange, that your husband's lawyer didn't tell him that.
His concern is probably to get your money only.

Second, I'm not sure for NY (I'm NJ guy) but I guess this is a general rule:
if you are a visitor, you can use your out-of-state license for the time you stay here.
But when you're moving in to live here, you can use your foreign license for maybe 2 months only and MUST surrender it and obtain the local one.
 
I don't see it affecting your H-1B. But FOR SURE SHE CAN NOT WORK ON AN H-4. If she is an ajustment of status also, like it's suggested, she can work on EAD but as of MAY her H-4 has been INVALID. You will not be renewing for her H-4 status. For her to travel now she will need to be on advance parol.

Question 11. Should I save the time left on my H, in case my I-485 is denied? TOP

Really, each case is different. People who are concerned that they may be laid off or, for whatever reason, that their green card process may fall through, generally prefer to keep their H1B status in order to be able to file an H1B transfer with a new employer in case the I-485 is denied.

If the applicant plans to take a job on the side or start his/her own business on the side, then the applicant would be required to obtain the EAD to work legally and the client would not be considered to be maintaining H1B status. However, it may still be possible to extend the H1B under certain, limited circumstances. Also, if the applicant has been holding H-4 status, but now wants to work and has obtained an EAD, it would then not make sense to extend the H-4 because that would be a non-working status.
From Murthy.com
 
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