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nareshgolla

Drivers License Renewal While H1B visa is under extension

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Can you drive with an Expired License with a Pending Notice?

 

Legally no.  Once your driver license is expired then you do not have a driver license.

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Hi Ravi,

 

Me too planning to renew my Texas driver's license in Garland, DPS office. My question is, did they ask you for Visa extension receipt or not? I heard from some of my friends as, if we have the Hard copy of receipt in hand, they will renew it on the same day ? Is it true ? Please clarify.

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The Texas DPS will only renew a non citizen's driver license if and when they clear legal immigration status verification by the DHS through the SAFE system.

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Hi Ravi,

 

Me too planning to renew my Texas driver's license in Garland, DPS office. My question is, did they ask you for Visa extension receipt or not? I heard from some of my friends as, if we have the Hard copy of receipt in hand, they will renew it on the same day ? Is it true ? Please clarify.

 

Hi,

I had carried all the documents to be on safe side, but they would use the data that they get on their system from USCIS. But they will not renew it on same day with the hard copy as you VISA renewal dates are not yet available for them.

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Hi,

 

I got a letter(dated 03/20/2014) from DPS today stating as my presence was unverified by DHS and send to USCIS for second verification. My question is, How long USCIS will take to respond back to DPS ? My driver license is expiring on, Apr 03 2014. Is there a chance to get the second letter before that ? 

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Hi,

 

My H1B Visa got expired on 23rd Aug 2014. My employer filed my extension on 7th Aug 2014, and I have received the Ack No as well. On 21st August 2014 I visited the S Gessner Road DPS Mega center to apply for extension of DL. The person over there initiated a request and infomed me that I'll receive a letter in a week's time from DPS, verifying my Laeful presence.

 

Today, I got the mail stating that "My Lawful presence is not verified". I was asked to call the USCIS helpdesk or book an appointment through infopass website at the nearest USCIS center to correct my data.

 

Has anyone come across this situation? Please let me know the next steps to do, in order to get my DL extended.

 

Thanks.

 

Regards,

Jagannath K

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If you find yourself in the situation where ...

(1) an extension H visa petition was filed prior to your H visa expiration date,

(2) your H visa has expired, and thus your driver license expired on the same date, and

(3) your extension H visa has not yet been approved / the petition is still pending, then ...

 

(I) You are in a 240 day period of authorized stay beyond your H visa expiration date,

(II) you can get a driver license renewal for the 8 months, and 

(III) the driver license is a state (e.g. Texas DPS) matter, and calling the USCIS is of no use (e.g. there are no dates to correct).

 

@jagankkirsh (and others), you will receive 1 or 2 letters from the Texas DPS.  The first one maybe that the Texas DPS is submitting a request to the DHS to verify your status and you will hear back in 20 days.  The important letter is that the Texas DPS has heard back from the DHS.  After you receive this letter, you can go back down to the Texas DPS office with your USCIS receipt for your extension H visa petition, your expired H visa, passport, and expired driver license (and other immigration documents), and request a 8 month driver license renewal.  You will still have to pay the full 6 year $25 fee.

 

When your extension H visa is approved and you receive your new H visa, you can go back down to the Texas DPS office and get another driver license renewal to your new H visa expiration date (e.g. for 3 years).  Again it will be the full 6 year $25 fee.

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If you find yourself in the situation where ...

(1) an extension H visa petition was filed prior to your H visa expiration date,

(2) your H visa has expired, and thus your driver license expired on the same date, and

(3) your extension H visa has not yet been approved / the petition is still pending, then ...

 

(I) You are in a 240 day period of authorized stay beyond your H visa expiration date,

(II) you can get a driver license renewal for the 8 months, and 

(III) the driver license is a state (e.g. Texas DPS) matter, and calling the USCIS is of no use (e.g. there are no dates to correct).

 

@jagankkirsh (and others), you will receive 1 or 2 letters from the Texas DPS.  The first one maybe that the Texas DPS is submitting a request to the DHS to verify your status and you will hear back in 20 days.  The important letter is that the Texas DPS has heard back from the DHS.  After you receive this letter, you can go back down to the Texas DPS office with your USCIS receipt for your extension H visa petition, your expired H visa, passport, and expired driver license (and other immigration documents), and request a 8 month driver license renewal.  You will still have to pay the full 6 year $25 fee.

 

When your extension H visa is approved and you receive your new H visa, you can go back down to the Texas DPS office and get another driver license renewal to your new H visa expiration date (e.g. for 3 years).  Again it will be the full 6 year $25 fee.

 

@catx - Thank you very much for your response. The wordings in the letter is the most confusing part. It doesn't mention anything like, a next level verification will be done, or I'll receive another letter in 20 days etc. Instead, it has just asked me to contact USCIS to correct my data. So, should I visit the DPS to initiate the next level verification ? Or will that be done automatically ?

 

Can I wait for another 20 days, for the letter you had mentioned. Your inputs will be really helpful.

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@jagankkrish,

 

What did you do to renew license. Did you take an infopass appointment? I have also received a letter from Texas DPS that DHS could not verify my lawful presence. I have already received an approval on my extension request from USCIS. Please let me know what I should do in this case.

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@applead123-

 

Nope.. I'm not sure as to proceed with infopass or not. I've asked my employer, and their legal team is also not sure. At least you have an approved petition, mine is under process, in regular processing. So it's gonna be really long wait for me to drive !!

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Hi All,

 

I was in the similar situation a month ago but i have Got my Licenese after verification of my lawful status from USCIS.

 

But for my wife it was not verified,i have approched the NORTH AUSTIN DPS for and applied for the second time and still it was the same status i went and tried to do it for the third time but the officer told she can't do it because of the same documenttaion that i have provided to her the last time.

 

can any one help me how can my wife get her license renewed.

 

Thanks in Advance..

 

Thanks,

Teegireddy

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Anyone, Please let me know if I can visit USCIS office to get my issue rectified (Please refer to my previous posts) ? I'm afraid it shouldn't create any new complications, and affect my stay in the USA.

 

Thanks.

 

@Raoxyz

 

Did you receive any letter stating "Lawful presence not verified" and then later a letter stating "Lawful Presence verified" ? If so, can you please let us know what procedure you followed to get this done ?

Thanks.

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Hi catx and ravib,

 

Thanks for the valuable insight you guys are sharing on this forum. 

 

Here's my situation : 

I moved from Virginia to Austin,TX and my new employer filed for H1B extension (filed 20 July 2014) .  My old H1B expires 30th Septemeber 2014 and I don't know when my extension/ change of employer petition will be approved (filed under regular processing ) . 

 

So I went to the Pflugerville DPS today to transfer my license to Texas and renew it based on the h1b filing receipt. They approved my new license till 30th September, 2014  (that's 8 days only !! ) and said they don't know about any rule to grant any temporary extension if the h1b decision is pending with uscis. 

 

I asked to talk to the supervisor to see if he might know - and he said several people have asked me this - but he is unaware of any such rule ! I showed him this forum but he said he can't go by this - it has to be a DPS website and should show this rule. 

 

Me and wife are in the same boat since our expiry dates are the same :( 

 

Appreciate any help. 

 

Thanks. 

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I am in a similar situation right now.

 

My H1 & License expired in second week of September and I received the receipt for a pending extension same week. I went to local DPS around 10th Sep and applied for renewal. The lady at the desk asked me to check back a week later.

 

I went a week later and found out that the status was a no go. Tried again several times when 2 days back she gave me the news that the office in Austin hasn't been able to verify and are contacting USCIS for the status and asked me to wait another week. I also got a letter yesterday stating the following :-

"The Department of Homeland Security (DHS) is currently unable to verify the information on your OTHER to prove your lawful presence in the State of Texas.

blah blah blah...Once USCIS receives the information they may take up to 20 business days to respond to our request....blah blah blah.

Until USCIS can verify your lawful presence in the State of Texas your application for a Texas driver license and/or identification card will remain pending, as DPS is unable to issue a new license or identification card until your documents are verified.

blah blah blah"

 

I even called the Austin office at 514-424-2600 but they said they can neither expedite the process since it is in USCIS hands nor issue a temporary license as they are still waiting for a verification. They asked me to call USCIS and get the information from them.

 

I called USCIS about this on the number 1800-375-5283 and talked to an agent who told me my petition is under initial review that in order to get the decision my employer has to apply for premium processing etc etc.. but they don't have any information on the verification process from the DMV/DPS. He advised me to schedule an appointment at a local USCIS. Unfortunately though the earliest available appointment is all the way in mid October.

 

I have no choice. What a waste to have to go through all these hassles despite following all legal limits, rules and regulations. The knowledge that no one is going to help is even more frustrating. I had planned a trip out of town for a getaway but that seems to be gone now.

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Today I went to USCIS local office and their agent told me in clear terms that I need to wait till my H1 is approved to get the verification done. He was asking why me and my employer did not apply 90 days before the H1 expired and waited till last minute to do it. When I asked him about getting a temporary extension verification he denied that as well and said premium processing will help me get a quicker resolution. So for anyone who needs to get a drivers license please make sure to apply well in advance or be prepared to shell out some money for premium processing.

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I have a my hib approved valid until 2017.. I have the I 797a for the same... My temporary visitor status expired 9/30/2014.. Yesterday I went to mega center in Rosenberg they scanned all documents and fingerprints and all and said to wait for the letter from dept of homeland security Austin... But they did not give any receipt for the same? Like earlier we use to get a paper which would be our temporary document.. Would going to a DMV helped... Do they give a receipt... I need the receipt for my employment verification background check?

Not getting receipt is it common?

Should I go to a DMV now, my wife 3 months back got a temporary paper licencse from a DMV?

Can I do anything else to expedite....

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I am in a similar situation....my H1B is valid till 2017...i also have a I-797A for the same. My temporary visitor status expired 09/30/2014. They scanned all my documents finger prints and all, and said that i will receive the letter from dept of homeland security, Austin ; after which I can renew my license. BUT they did not give my any receipt or a temporary note which we use to get. Is this common?? Is this because I went to a mega center?? Should I go to a DMV, would that make a difference? My wife was given temporary receipt some months back from a DMV for a similar case.

 

I need something for my employment verification as this flagged a suspension in my background check. Is there anything else I can do to have a temporary receipt ?

 

Your guys prompt response would be really appreciated.

 

Thanks once again.

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After another few weeks of frustratingly waiting to get my H-1 approval and then going back today and waiting for 2 hours in line all I get is a response saying that it's still not verified. I had my new I-94 in hand and yet they couldn't help me. They had to cancel and initiate a new verification process again and asked me to return back next week. So I continue dealing with this 2 months down the line with no end in sight.. I am not a drug dealer or gangster but being an H1-B visa holder and trying to get a license renewal feels like being on probation.

 

Anyways to reply to the post by Sidesh, if they said that you need to wait for the letter from dept of homeland security in Austin then you are also under verification. They usually take a week to do it in Austin and send a letter to your address. If that doesn't happen then Austin DHS automatically puts you for 3rd verification where the matter goes to USCIS and they wait to hear back from them. Since your H1 is already approved this wouldn't happen but wait till you hear back from them or check with the same DMV office you went to earlier in a week.

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Guys - I am here to share my experience in Birmingham, Alabama. I went to the DMV with my expired H1B, H1B extension receipt and employer letter. No questions asked - I was given a license for one year - the same day. 

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Update - I am still stuck with no end in sight. Now I regularly keep calling their Austin office for SAVE verification. The local DPS officer gave me this number after several useless visits. At some point they restarted the whole process and are now waiting again for a response from DHS/USCIS.

 

It is mind boggling how difficult it can be to do a simple job or at-least tell me what's wrong. I totally get their line of thought. What's the value in working on a boring controversy free and straightforward application when they have so many exciting illegal applications to work with now.

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Here is my case: I went to the DMV in Austin and got the same not verified. I changed companies an year ago and got my approved I-797 notice in Jan 2014. 

 

My license expires on 09/30/2015 (old H1 end)

My existing company I94 is till Dec 2016. 

 

I recently interviewed for another (3rd) company and they just filed my H1 in premium. This could be the reason why i am under investigation. Also, I work remotely for my current company (maybe this is an issue?) with LCA issued for my current location.

 

Judging from aiyaz's post, I am in for a long and painful ride. At least I have 9 months before my DL expires. At a time when the Feds are giving away visas and even DLs in some states like candy to illegals, this is infuriating.

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UPDATE: So I went to the DMV/DPS today. In these 4+ months, I received NOTHING from Homeland security. No approval, rejection or RFE regarding my SAVE application. I didn't go till today because I changed jobs and was busy. The DPS staff seemed puzzled about this and said I should have enquired (to whom is still a mystery) much sooner. They verified my and verified me immediately and got my DL till my new I94 date (which is not too far away considering USCIS decided not to give me 3 yrs for my FT with the startup I work for). 

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Hi Guys,

 

I found a ray of light after finding this thread. 

 

My situation is I live in Austin, Tx. My Work permit (I797 ) is valid till Jan 2016, when i entered USA last time my passport was expiring on 15th Aug 2015 so i got my I-94 till 15th Aug 2015 though i have I797 is till jan 2016.

 

Now because of my I-94 my DL also expires on 15th Aug 2015. Please suggest what should i do. Because of my I94 i asked my employer he said he will apply my extension May-15th which is 3 month before my I94 expire.

 

I am clueless any help appreciated. 

 

ppmatti

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My driving license expired on June 27,2015 and have a pending H1-B extension with USCIS. When I went to Texas DMV for license renewal, they submitted my case for verification . After a week , I received a letter stating - My lawful presence is not verified and I should take InfoPass appointment with USCIS.  I don't understand why my presence is not verified.

 

Has anyone went through this? Please let me know what should I do?

 

Thanks

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