what is our status???

R

robi

Registered Users (C)
Hi, I have already heard few times that I am not in status
anymore since my H1 expired and I'm waiting for adjustsment
of status I-485 approval. So my question is are we really
not in status being pending applicant?

Once I heard this from MV, then from SSN, and now from
Canadian lawyer...
 
I think it should be not in H1 status but Adjustment of Status that is what my Lawyer told me.

I am not in H1 status but adjustment of Status which is valid.
 
yes, but the problem is for some offices, what proof we have
that we're in status? They don't accept receipt note!
what other document can be?
 
Originally posted by robi
Yes I have, but I'm not sue if this is enough.
Click to expand...

If you are working on EAD and your 485 is pending, you are in status, even though your H1B is expired. Don't worry.
 
Once you have applied for I-485, you will very much be in valid status whereas, EAD is only a work permit. if you dont have EAD and your I-485 is pending you will still be in status but cannot work.

RD : Jul 2002.
ND : Jul 2002.
FP : Sep 2002.
 
Once I heard this from MV, then from SSN
robi,
show them your EAD. Use your EAD to apply for SSN. Similarly in DMV, show your EAD to prove your valid status. Your I485 receipt notice should be sufficient to prove your valid status but some offices don't recognize that. So having the EAD is the easier way.

The reasoning is -
Since you have EAD => you have right to work => you are in valid status.
 
Some guys in MVA and SSN are as dumb as BCIS guys.
They will be having a set of papers which tells them that
these are the docos for validity like PP, GC Card, Citizenship etc; and if it they do not match they inform that it is not valid.

Suppose in their paper instead of Passport by mistake it is Passpart then they do not accept Passport as valid.

They are so dumb.

What can u say?. Bcos they are so dumb we are able to survive here.

I think the only way to make GC process is faster make some of our guys as IIO officers and it will be very fast. We know exactly what docos to look for validity.
 
Originally posted by zztop
[Since you have EAD => you have right to work => you are in valid status.
Click to expand...

This reasoning may work with the morons at DMV but I would be very leery of applying it anywhere else.

Under the law, a pending I-485 is a "period of stay authorized by the Attorney General". That means you're legal; you may not have a specific status, but you're legally here. An EAD merely gives you the right to work subject to some legal status, in our case the pending adjustment. There are other ways an EAD can be valid - OPT, J-2, L-2, E-2, K-1 or even some B-1 statuses.

However, note the italics. The EAD remains valid so long as the underlying basis remains valid. Should the adjustment be denied or withdrawn, the EAD is no longer valid. For this reason, the EAD alone is no evidence of legal status in the US.

Again, if that's what it takes the DMV to give you a license, go for it, but remember the real situation and don't use the "EAD=legal" analagy with someone who has half a brain.
 
Its wrong to expect that every person you talk to knows the finer points of immigration law. Moreover you might not have the luxury to enlighten them on "what constitutes a valid status in US ?". In those cases showing the EAD clears up a lot of cunfusion.
It seems Robi wants to apply for SSN and drivers license. EAD will help him through that.
 
Originally posted by zztop
Its wrong to expect that every person you talk to knows the finer points of immigration law. Moreover you might not have the luxury to enlighten them on "what constitutes a valid status in US ?". In those cases showing the EAD clears up a lot of cunfusion.
Click to expand...

Absolutely. However, it's important that people know what the truth is.

There's no point in someone renewing EADs and AP for a non-working spouse at $250 (soon to be $360) a year under the mistaken notion that it keeps them "in status", if they don't have to.
 
TheRealCanadian, you are absolutely right.
But after having SSN with the help of EAD, life becomes so much simpler. Even though my spouse didn't work, I was kind of forced to apply for her EAD. The dimwits at DMV demanded an EAD as if its a proof of legal status.
Ideally one shouldn't have to apply for EAD or AP just to stay in status but having an EAD sometimes help, even if you don't use it for working.
 
Especially in DMV, officers at DMV are instructed to look at EAD and extend the Dr. license as the per the validity of EAD.

even though my wife does not work but with my last experience, her Dr. license was extended based on her EAD expiry date.
so now, to have her license extended, she needs EAD. as I-485 receipt is not a good document in DMV to extend Dr. licenses.

RD : Jul 2002.
ND : Jul 2002.
FP : Sep 2002.
 
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