Die-Spamer-Die-Now

Here is a puzzle:

I was an F1 student, I applied for Optional Practical Training. I received my EAD
card from INS 2 months ago. My former school tells me I am still their "student", if
I need a new visa or something they need o sign my I-20.

So, I finish my Ph.D. in Pennsylvania, and got a job in Connecticut. I moved here
recently. Today I go to the DMV (Department of Motor Vehicles) to exchange my PA
license for a CT license and also to register my car in CT.

The DMV inspecor looks at all my paperwork:

Valid Romanian passport expired US visa (as long as I stay in the US I don't need a
new VISA) I-94 : D/S, i.e. Duration of Studies EAD card from INS (VALID!!!) SSN card
PA drivers lincense (Valid)

He tells me I am in the US illegally and I need to square my status with the INS. I
try to explain him my situation, he tells me "We don't have a conversation, I just
tell you what to do!"

Finally I get him to listen to me (something along tis lines...):

I: EAD card is VALID!

He: So what? they gave you this EAD card so you can make a living, otherwire you'd be
starving. ANYONE can get an EAD card!

J: But I am still a "student", my school will sign my I20, blah blah blah

He: Which school? from PA? I don't care, I need to see an I20 from a school from CT!

K: But I got a job here, I am not going to go to s new school in CT!

He: So, you're no longer a student, why don't you go home?

L: I am doing some practical trining, legally I am still a student!

He: No, once you got your Ph.D. diploma, you're no longer a stundet, you need
to go home!

He even went so far to tell me that after the 9-11 events, everything is much
tougher, and FBI takes illegal immigrants away. He told me (like he was doing me a
favor) that I have 60 days to square my situation, otherwise they'll turn me in to
FBI (they have all my information, SSN, address, etc) Basically he wants to see an
I20 from a school of CT, or an I55 (or 155) form from INS.

PLEASE HELP! This thing is driving me nuts!

Rudy Haraga

I finished my MS in Michigan, got my EAD and moved to Connecticut for OPT. I came to
DMV for DL exchange and I showed them passport (expired visa), I20, and an EAD. They
cheerfully took my money and gave me CT DL. According to what I understand, your visa
may expire, but you still can hold the status (that's what happened to me too). I
guess that, officially, you are still an F1 student, however your I20 is probably (I
do not really know) not valid. But your EAD card is a proof of the status!!!
Yesterday I have been approved for H1B (yeaaah) and I submitted a photocopies of all
my documents (I20, passport, EAD, SSN) and everything was all right. INS would tell
me that I am out of status, but they gave me H1B status. You are all right. Try
different DMV, I did it in Enfield w/o problem.

Rudy

For spammers: Could you, please, include [email protected] in your mailing list, so that
FBI can investigate your SPAM.

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Vladimir V. Egorin

In a similar situation, I was not asked to show any passports (Chicago, IL), and I
didn't volunteer to show it either. An old license was enough (and it doesn't say I
am a foreign national). I would go to the DMV office again and try not to run into
the same idiot. That was before the bombing though.

Following the same logic, if anyone could get and EAD, anyone could get an I-20 too.
Good luck.

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--
Vladimir

Just Curious

This is very unfortunate. I think you are in very very leagal status. Most people who
do not understand INS laws believe that expired visa = illegal. Visa is a permission
to enter the country. If you leave US and want to come back - you would need an
unexpired visa. Once you are in US - date on your I-94 or EAD matters. As long as it
is valid, you are in good leagal standing atleast for student Visas. For H1-Bs you
must also be working.

Unfortunately person who denied to give your license does not understand the
difference between Valid Visa and Valid Status - and more unfortunately he has the
authority to deny you a license. There is also confusion about the "60 day law".
There is no such law - it is only an INS guideline under AC-21.

I would hire an Immigration lawyer to handle the situation to clarify the doubts
DMV might have - because most probably they will not listen to anybody other than a
REAL LAWYER.

Good luck.

JJ(Not a lawyer)

die-spamer-die-now <[email protected]>
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