Those non-immigrants applying for Visa Extension would have to wait until the visa is approved and until the candidate receive the I-797 document in order to extend or renew an expired driver’s license in case if your I-94 already expired.
Here is a case study of a person who could get drivers license renewed, with an expired I-94 and pending H-1B Visa Extension/Renewal.
Drivers License With Expired I-94 – Case Study
Many individuals face a terrible issue, not able to drive because of expired driver’s license and expired I-94. I had the same issue and I could get my drivers license renewed even though my I-94 expired and my visa extension was under process. I live in Texas and my company applied for my visa extension in September 2013. My I-94 expired on December 14th 2013, which is also when my license expired.
As soon as my license expired, I went to the DPS office carrying all the documentation I have, along with the I129 Receipt notice (I-797C) provided to me by my employer. I explained my situation at the counter, and the lady there took copies of the needed documentation and she mentioned that a second verification of my immigration status is in process under SAVE Program. (Systematic Alien Verification for Entitlements (SAVE).
I was asked to wait until I receive a letter by mail from the Texas DPS (Department of Public Safety) and come back with the letter to get the drivers license.
What is SAVE?
The Systematic Alien Verification for Entitlements (SAVE) Program is a service that helps federal, state and local benefit-issuing agencies, institutions, and licensing agencies determine the immigration status of benefit applicants so only those entitled to benefits receive them.
Letter From DPS
I received a letter from Texas Department of Public Safety and this is what I received by mail:
I received the letter from the DPS on the 20th of December and I immediately went to the DPS Office and got my license renewed. The license was renewed for the next 8 months.
I went to the Carrollton, DPS office in Texas. It seems they are aware of the procedure. And asked for my docs. I gave my i-94 which was expired and original i-797c. They scanned the docs and gave it back. She took photograph and fingerprints. On my application form she wrote “Secondary Verification: and a number. She said the docs are sent to Austin and gave me a phone number to follow-up with Austin. After 10 days I got letter that Lawful presence verified. So next I went to Plano DPS office (as Carrollton is too crowded). I presented the original application on which the Secondary verification number was written and gave the letter. They issued the license.
My SAVE Case check has been returned as not verified, what should I do to get the DL extended, kindly help ?
Hi,
My SAVE has been returned as Not Verified, I am in Amarillo, TX. Has anyone been in this issue ? I am so stressed out, the DMV is not helping at all ?
Hi All,
My DL expiry date is July 10 2018 (same as my current I94 expiry date). My H1B visa renewal is under process and I have received I797C receipt notice from USCIS. I received a letter from TX DPS early this month to renew my DL. I went to Carrolton Mega Center office on Jun 5 and was told by the DL office staff that I would get one verification response letter (upon their SAVE request) from TX DPS about my lawful presence in USA and need to visit DL office again with that letter; then I shall be able to get my DL renewed. I visited Grand Prairie DL office on Jun 20 with the necessary documents and the TX DPS Lawful Presence Verified letter. I was charged $25 for my DL renewal there BUT to my surprise I got the expiry date (Jul 10 2018) in the temp DL which is same as my existing DL expiry date. On asking about this issue, I was told that I need to visit DL office again after some days to get the DL renewal / extension done beyond my current DL expiry date and that time I wont be charged again as I already paid the renewal fees but I need to visit this Grand Prairie office only.
I am now totally confused what should I do now? Should I visit the Carrolton Mega Center thinking the DL staff at Grand Prairie might have messed it up or should I again visit Grand Prairie office and check again?
Update in Tennessee (TN):
1. H-1B extension petition was filed before the current H-1B expired.
2. Went to DMV with the Receipt Notice of the petition and the current expiring visa & I-94.
3. DMV did a check for me (I suppose it’s the SAVE Program as mentioned in the article) and went through instantly (they said the result would come back in up to 10 days otherwise).
4. My driver’s license was renewed with the same valid date as of the extension petition.
5. My wife went through the same check and got her license renewed to the same valid date.
Hi,
I am a California resident and I came to US on L1-B visa. I got my DL based on the I-94 expiry date which was given for 3 years. This year, my employer filed H1-B visa COS (Change of status) and it got approved. Now I do not have new I94 with updated end date as I did not went to India after my H1B visa. And my I94 is going to expire in Feb 2018.
Does my DL will be renewed based on the new I797 document? Please let me know if there is any process that I need to follow.
Thanks
Anand
Hi,
I was also facing the same situation my license was getting expired so I went to VA office and request them by providing of i797 C receipt. They done some kind of verification and gave me 9 months extension on my license.
Hi , i live in atlanta, my driving licence is expiring tomorrow, today i went to Mariatta dmv office, with my h1b extension reciept, and other documents, but the lady which was there, she refused to renew my driving licence, as there is no information on the receipt about the end date, or for how many years the extension was filed.
Can anyone suggest what will be the next process, or should i go to other dmv office?
Hi Neha…did you get any update from from the DMV…I’m on the same boat…
Hi Neha,
If you receive your DR. Can you please share the process and link if any that you followed.
Thanks in advance.
This is my situation
1 My driver’s license expired on Jul 18, 2017
2 I am an international student on F-1 visa, graduated in Dec 2015, had a Post OPT internship that ended in Feb 2017. My employer applied to get H1-B working visa for me on April 1st 2017. My case was received, still pending
3 I am currently resigning a very small town in KS which doesn’t provide any form of public transportation.
4 My school had updated my I-20 states F-1 status for this student has been automatically extended to September 30, 2017, is authorized to remain in the United States
5 Can I even renew the driver’s license in Kansas?
I am looking forwards to your reply.
I renewed my driver license under AB60 at Las gatos California.
you need – 1. old driver license, 2 passport , 3 residential address proof, 4. Expired i-94 5. copyu of form i797.
it was easy and fast.
What’s your visa h1b or h4?
I am a I-539 holder in NC. I went a DMV with my status form , old DL,expired I-94 and my passport. And they just renew it like a normal situation. I am surprised..
Let me know the DMV location where you got renewal DL.
My Drivers License from New Jersey is expiring on Sep 30,2016. My H1B with prev employer(based out of NJ) ended on Jun 30, 2016 and i applied for H1 Transfer to new employer(based out of TX) on May 27, 2016 and have a receipt. Transfer is still in process. I am working with my new employer in Texas. Is there a way to get my Drivers License extended since the transfer is taking almost 6-8 months. If so what would be the steps to get it.
Hi Veda, please let me know if you got to know any process to renew your DL.
I am in kind of similar situation while I am switching my employer and my DL is expiring in a month along with my H1 from previous employer.
Hi,
In my case, my extension is still in progress and secondary verification (SAVE) is filed. First, I got a letter saying 'Verification of Lawful Presence' pending and forwarded to USCIS for further verification. Today, I got a letter saying 'Lawful presence cannot be verified' and asked me to check with USCIS directly. Has anyone faced this situation earlier? Please help.
Hi Karthik, How did you get the verification letter or any response from SAVE. My driving license expires on Sept 30th in NJ. And we have filed for an I94 extension. I have been to 3 DMVs so far and no is giving me any information. They are just plainly refusing the renewal
which ones have you been to. Similar issue
I did not get license renewed even after having an approved I797 document(New approved I797 document validity was from 17th April 2016). My license and current visa expires on 16th April 2016. So i went to the DMV office in Atlanta Kennesaw to get it renewed a day before the expiry. The lady at the DMV office said i will have to come back on 17th as the I 797 document is valid only from 17th April, so they cant renew my license. I said 17th is a Sunday and 18th was a hliday for the DMV office. Then she said in that case i will have to go and get it renewed on 19th April. I asked her how do i drive without the license for 2 days. She said you cant drive. When I asked the manager she said its as per the law.
Does anyone know about such a law? I am hearing thsi for the first time. I even showed them the past I797 documents. Even then they were not ready to give me the renewal.
Hi, anyone got their drivers license renewed in TN, with the renewal receipt number? My TN DL is expiring on the same day as my H4 and I-94. But I am told I need the H4 approval to renew DL. Anyone knows any alternative option/documents to temporarily renew the DL?
appreciate ur help.
Which county in TN? I'm also in Nashville and my DL expired on 12th. I'm waiting for the receipt and plan to go to the driving center.
A bit late to answer, but my wife (H-4) has gone through similar before (in TX, if it matters). She went to one DPS and got the same rigid answer as you got. She tried another DPS office and it was all good. As it was, she still had to go through the SAVE handstands (wait for letter to arrive) but at least she wasn’t totally blocked.
Please let me know if any one tried in CA (suunyvale) ? In CA did any one tried SAVE program ?
Thanks in Advance .
Anyone tried in CA. Please post the update.
Hello Naga ,
I got licence , If any one in CA ,good news they can get liecence , you can apply California form AB60 : http://www.dmv.org/ca-california/ab-60-drivers-license.php.
I applied it and got it.
Naren, Which DMV center you approached?
@Naren For how much time you got the DL, which DMV office did you visited?
What’s your visa h1b or h4?
Did anyone try to renew DL based on an expired I94 in CA…like near Fremont or San Jose.
Let me know..
@ VRT, What happen in your case? WIll you able to get it?
By new Georgia law, Renew your DL for another 120 days in GEORGIA with using your I-797 C receipt notice copy (ask your lawyer for it) and expired copy of I-94. Dont forgt to bring your old DL and proof of residence.
Thanks
Muktesh Mani
Hi ,
Thanks for the information . I live in Atlanta , GA . My licence would expire shortly but I do have the extension receipt with me . I am planning to go to DMV to get the DL extension. I do have I797 with me .
Please let me know the documents which I need to carry when I goto DMV . Also please let me know the GEorgia Law name such that I can keep myself updated in acse if someone asks me in DMV .
Thanks
Samantha
Does anyone from Nebraska extended using I-797 Receipt Notice?
Hi all,
Can you please share your experience on getting driving license renewed in Maryland using orginal recipient notice? If so can you please let me know the location.
Appreciate your response.
Thanks.
This is my experience at Virginia: I’m able to renew my driver’s license with the receipt notice from USCIS for I129 petition, while the case is still pending. But it’s really painful since I had to visit VA DMV 4 times with several phone calls to them.
The first visit: I bring the copy if the receipt and they don’t accept it. Ask me to bring the original receipt.
The second visit: the women at the desk scan the receipt, give me another receipt with the phone number of DMV customer service and ask me to call the next day. When I call them, they ask me to come back to DMV again with all the documents 🙁
The third visit: I went to DMV Tyson Corners. This time the DMV staff scan my receipt and my visa, ask me to wait for DMV to call me back to let me know when I can come to DMV to renew my driver’s license. I wait for more than one week, nobody calls me. I call them and they say it’s OK to go to DMV to renew the driver’s license.
The fourth visit: bring all the documents to DMV again and get the driver’s license renewed.
Done. My experience is we should go to Tyson Corners DMV. They look more professionally.
Does anyone have experience with renewing their drivers license in Michigan while H1B renewal is pending? I tried to renew my license in the Ann Arbor SOS office today but they weren’t aware of the SAVE program mentioned in the article.
Which DMV office in Texas did you go.Please respond.
I know H1b applicant can renew for 240 days with I-797 receipt and employer letter in NJ but have any idea about H4?
I have filled h4 extension in Jan 2015 but still waiting for result… I think its take 9 months … facing many problem with expire driving license…
Hello All,
is anyone aware of the situation in Arizona?
My Driver’s License is expired with my I-94. I have received receipt number for my Visa extension.
Problem is even premium processing is stopped by USCIS till July, 2015, so I think I can’t upgrade it to premium processing.
I got my DL renewed today at Carrolton DPS (Dallas,TX).My H1B extension was filed in June and it is pending with USCIS.When I went to Carrolton DPS ,I was told I will have to wait till I get my approval notice. I explained the officer about my situation and 240 day legal stay when H1b extension is pending and cordially asked her to verify my status through SAVE. She said she will verify and I will get mail communication about the status in 2 weeks. I got a confirmation within 10 days saying my status is verified. I went to DPS Carrolton and got my DL renewed for 240 days.
In Arizona, they have extended my license based on the receipt notice. Once you go there tell them that you have I797 notice of action. I think they have a note that they can extended the license for 180-400 days based on I797C. So you might get your license extended for 180-400 days.
My license was extended for 400 days from the receipt notice. later when i went for my wife they extended for 365 days from the date of receipt notice.
Hope this helps..!
Just got my license renewed on the basis on I-797 C at chandler MVD. All they need is, i797C , your passport and your SS card. The lady told me she can give one year validity from the date of issue.. which is good enough ! because your visa will be adjudicated by USCIS by then for sure..
Hi Avi,
I am based in Chicago and I am not getting my DL extended. Will the Chandler MVD agree to transfer my expired IL DL. My H1B extension is filed and I have a receipt number. Can you please share your contact?
Best Regards.
Does CA DMV extend the drivers license based on receipt notice ?
Did anyone try it ?
Hello Kumar, were you able to renew your DL in California on an expired EAD?
Hi Farooh
Any luck with your DL Extension in CA DMV..me in the same boat…pls let me know.
Thanks
I went to 2 DMV’s in Orange County and they told me they will not extend at any cost untill I have i797A. pleease let me know if people are able to extend it in los angeles and what documents they are providing to dmv
Thank you
I went to the Mall of The Americas DMV Office in Miami, FL with my expired I-94, my I797C receipt and got my DL renewed. Fast and painless. It’s no issue.
In Virginia, I paid $1250 from my pocket for change my normal renewal to premium only because of this DL renwew. I moved to VA from NJ and my new employer transfer in Normal processing …. but DMV in VA did not gave me licence because my visa was also expired. Then I paid for premium processing even only for 15-30 days gap in getting renewal in normal processing. Its really pain here …Rules are not very clear to many DMVs in some states.
Does anyone got luck in CA DMV office ….My DL is expiring this month and my EAD renewal in process
Can any one share the experience if they have luck in any Caliifornia DMV office ?
I went to one DMV office in Roseville, CA , but they said you need to get the extended EAD
Thanks
Rabi
For IOWA, it’s 60 days flat extension…
Do you mind leaving some details about the procedure you followed to get the renewal done in your case?
In Oregon, DMV renews the license for 3-6 months.
Visa ends before 797A expiry, how Oregon DMV takes this case
My situation is a bit different in North Carolina. My I-94 was getting expired on 19th October, 2014(because my passport was having that much of validity and so my I-94 and so my driver’s license) and so I renewed my passport and went to Canada for couple of days. After returning back I got everything valid, Passport, Visa, I-94 all are having validity for another 2 yrs, but still not able to renew my license.
I went to DMV for the same after I came back from Canada with new I-94 and all and they renewed my license, but they did not tell me that Department of Homeland Security Need to update the i-94 information with them and they did not do that yet. I got my license after 2 weeks having the same expiry date. I went again to DMV to check that and they told me that they do not go with the online record and have a Central Issuance Verification Center. So Department of Homeland Security has to update the i-94 info with CIV and then only it can be renewed. They sent a request to get that update from Department of Homeland Security and even after 1 week I am waiting for that to be completed. Everyday they say that it is still in process and may take couple of more days. Dont know how much more time, I have to live with expired license without driving. Just wanted to share my experience so that someone has the same situation can safeguard him/herself.
My company sent application for H1B extension to USCIS on August 11. I visited DPS office in Rosenberg, TX on September 11th to extend driver license. They sent my case for verification via SAVE. Today is October 17th and no response, it is still pending. It looks like DPS is waiting for USCIS approval. It means there is not sense for me to go to DPS until USCIS approves visa extension.
I got mine extended for an year in Florida. I gave my I-797C reciept, current I94 which is expired and passport. It didnt work the first time as the lady at the DMV doesnt know how to handle my case. She said that she cannot do it without valid I94. But I went to another DMV where they did it without much fuss.
Sri, can you tell to which DMV office you went to get it renewed.
I am also in Florida and facing exactly the same issue. The lady told me it cannot be renewed until my H1 is renewed and they cannot help on that.
I live in Fremont, CA. My H1b is getting expired on this 2014 Sept,30. Can i apply driving license (written test & driving test). H1B extenstion status in Initial review. Please advise
Hello,
I was on the same boat and my DL got renewed in Louisiana without any questions asked using i-797c (receipt).
Hello Keyur,
I live in Louisiana and my spouse is in the same situation. Can you tell me which DMV office did you go?
Hi,
Just wanted to share my experience, as i dont see any comments for Indiana drivers license renewal when H1B is pending.
My Visa expired in May 2014 , but my drivers license was originally issued till July 2014, so i waited for my H1B to be approved in Premium, but i got an RFE and i know that my H1B will not be approved by July.
First i tried to contact the BMV, online through the Indiana Govt website, but they said they indiana doesn’t extend based on receipt, so i walked into the nearby BMV.
They understood the issue, but didnot know how long it can be extended, then came their Team Lead, who checked the documents and verified that I had the original receipt , as i got the I129 receipt as a white paper instead of the usual green one, my employer said USCIS is giving it in White paper these days. All the staff seems to know that the DL can be extended, but they will confirm with the TL’s and I had met 2 TL’s and they both seem to know exactly what to do.
After checking my documents, they gave me the drivers license for 1 year from the date of receipt of the application (April).
Documents reqd – Passport , SSN Card, I797 receipt, Old I94 , expired I797
Fee – $17.50
I visited the BMV on N Meridian St (Zip – 46240). Hope this would be helpful for people with same issue as mine in indiana.
Can you tell me which DMV office in Texas you been to? I went to one DMV office where they said they won’t do it. I think they are not aware of these rules.
My case might be strange…I wantede to change my out of state license as I got a citation. My conditional green card expired in May 2014 but I had already sent documents for extension. I had an I-797 NOA saying it is extended for one year. After showing required documents (SSN, Car registration, insurance card, I-797 and expired greencard), they extended it for 7 years. I thought I will get max extention till the validity of my I-797… maybe the lady at the counter didn’t know better. Anyone else have this experience?
This was the DPS office in Galveston, TX – the most extream southern tip of TX (1 hour from Houston). There is no rush here most of the time. Make sure you have all documents otherwise it’s a waste of time… I had to go twice (once the SAVE system was down and the other because I didn’t have my car registration) Those in the Houston area should try this office only drawback is if you live in North Houston. There is one Hispanic lady and a black lady… I think they are a little understanding towards immigrants. All the other DMVs I know are packed even before they open.
this does not apply in CA. CA had a law that the I797 MUST be approved by USCIS inorder to extend the DriversLicense
Any ideas how will it work for OPT extension pending decision. Or anybody has pull a temporary license while their OPT extension decision is pending. ? I am in Texas and I have the receipt from USCIS and my license will expire by Feb end.
Now, even for new driver licenses, DMV officer must check alien status via SAVE. Sometime this responds immediately with status, else one has to wait for 24 hours at least. I have renewed by DL in NC by submitting my i129 form receipt scanned copy. All they want is the receipt number to verify. If visa expired and waiting for extension, they can grant only 6 month DL, else you will get until end of visa expiry.
I have the same situation and DMV team sent for 2nd verification after 3 weeks I received a letter saying The Department of Homeland Security (DHS)was unable to verify your I94 status of Arrival & Departure of your unexpired foreign passport so please schedule appointment with USCIS in person to resolve this matter
Can you please let me know, how many letters you received from DMV on this? I got 1 letter within a week, stating that DHS was unable to verify. Also, let me know, were you able to get ur license extended?
Thanks.
I got my license in NC for 8 months by taking my expired I94 and I797C Receipt Notice. Initially they rejected it but them I called the Raleigh customer care and they said by law they should issue a temporary license. I went again to the DMV and got it.
Hi Deep,
Which DMV is that exactly. I have the similar situation. Thanks
Hi, Can you please tell which DMV in NC did you go and manage to get a license . Thanks
Hi, Can you please tell which DMV is NC did you go and manage to get a license . Thanks
Hi .. I am having 8+ year s of experience on etl informatica. I am in Houston Texas on l1b .. Kindly let me know if I could get any visa sponsorship..
In DC my license was renewed by showing the copy of i797C receipt. The first dmv office did not knew the rules of expired i94 and driver’s license renewal process in such case and kept telling me to talk to your employer.
So I went to another DMV office in DC where the officer knew such cases and gave me license for 6 months. Later In same period I had to moved to Florida where again they verified my i797C receipt copy and changed my address for new state received license for 12 months.
I would personally suggest to try different DMV offices or maybe the same office with different officer.
It also depends from state to state.
Last option is tell your employer to file the visa in Premium over your existing filed extension to get reply soon.
Hi, I am in the same boat. Can you please let me know which DMV office have you gone to??
In Los angeles CA, DMV told that I cannot get the License until I get the visa approval, so I had to wait. It happened on 2011. But good that I come to know about this process. It may helps to let the friends know to talk to DMV by mentioning the SAVE
I had the same situation in florida and got license renewed based on Receipt Notice.
Gaurav which DMV office you went in florida?
I am facing the same issue. I went to DMV office in Florida at west palm beach and the person there told me that I cannot renew it until my visa extension is renewed. I showed her I-797C also but she said they cannot help on that. I will probably try going to another DMV office and try my luck there.
Gaurav, can you tell which DMV office you went to get the license renewed?
I got my driver license in this location with below documents:
SSN
Original Receipt ( not approved I797C)
Two original Address proof
Employee Letter
R60-PEMBROKE PINES AAA OFFICE, PEMBROKE PINES, 15739 PINES BOULEVARD, PEMBROKE PINES, FL, 33027
I had a similar situation in Pennsylvania. Was NOT Fortune. I am stranded sometimes in the SNOW. The officers said talk to OBAMA.
Which DMV in Pennsylvania does extend based on receipt Notice
Norristown
so do they extend the License based on the h1b receipt notice if it is still pending with USCIS??
Hi Amaranth, I’m in a similar state where my DL is About to expire and I got the new i797 with modified i94 date, but it will reflect in my passport only if I leave the country and get stamping. Shall I renew the DL in norristown with i797 after my current i94 expiry?
Can we apply for license? new one!!
I had a similar situation in Pennsylvania. Fortunately, with the I-129 receipt alone they renewed my license for 8 months. But they clearly mentioned that they can do this one time based on the receipt. The next time they would need the approval notice to renew the DL.
Which DMV in Pennsylvania does extend based on receipt Notice ?
In Montana, 2010 I ride bi-cycle to work and choice is limited.
Montana stinks with your FART while you bike
have you been pulled over for speeding yet?
no.