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  #1 (permalink)  
Old 10-22-2008, 04:57 PM
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Default Driver's license with new I797

Hi all,
My wife's DL expires in Jan 2009 (i.e the visa stamped date). I will get new I797 from my employer for next 3 years as i am just 3yrs into my H1B. Will the DMV accept this I797 for DL renewal or do we need to get her H4 stamped from outside US?

The issue is just with my wife's DL, i have my DL till 2011 as back in 2005 they use to give for entire 6yrs (H1B) period.

Any knowledgable members/first hand exp members please reply back.
Appreciate all help from IVians.

Thanks.
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  #2 (permalink)  
Old 10-22-2008, 05:00 PM
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Valid I-797 should be sufficient .. All they care is I-94 validity dates
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Disclaimer: I am not a legal professional, and hence, do not consider the above information as legal advice/opinion. Please contact a professional lawyer for legal advice.
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  #3 (permalink)  
Old 10-22-2008, 05:14 PM
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Default

Quote:
Originally Posted by sac-r-ten View Post
Hi all,
My wife's DL expires in Jan 2009 (i.e the visa stamped date). I will get new I797 from my employer for next 3 years as i am just 3yrs into my H1B. Will the DMV accept this I797 for DL renewal or do we need to get her H4 stamped from outside US?

The issue is just with my wife's DL, i have my DL till 2011 as back in 2005 they use to give for entire 6yrs (H1B) period.

Any knowledgable members/first hand exp members please reply back.
Appreciate all help from IVians.

Thanks.
I was able to get mine renewed in California using the I-797.....though it took them 3 months.....
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  #4 (permalink)  
Old 10-22-2008, 06:09 PM
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Default Driver's license with new I797

hi all,
thanks for the response guys.

TexDBoy, the i-94 is also valid till Jan'09(since thats the date on the current I797 notice and stamped visa). So according to you that would be a problem in getting the DL renewed?


thanks.
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  #5 (permalink)  
Old 10-22-2008, 07:04 PM
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Quote:
Originally Posted by sac-r-ten View Post
hi all,
thanks for the response guys.

TexDBoy, the i-94 is also valid till Jan'09(since thats the date on the current I797 notice and stamped visa). So according to you that would be a problem in getting the DL renewed?


thanks.
Hi
That could raise an issue....either get the H1B renewed and use the new I94 that comes with the new I-797(with extended expiry date) and if not planning on renewing the same then try out your luck with the EAD card and hope there will be no issues....that might depend until when its valid as some states refuse DL unless you can show at least a yrs validity.
In my case I still had 2 yrs left on my H1B......
Hope this helps.......
regards
Saket
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  #6 (permalink)  
Old 10-22-2008, 07:06 PM
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You might get specific answers only when you let us know the state in question. Each state has different laws/regulations regarding drivers license issuance.
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  #7 (permalink)  
Old 10-22-2008, 07:32 PM
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Default I-797 sufficent for DL renewals

Our I-94 expired in August 2008. We filed for extension for me (H1) and my wife (H4). We got notice of approvals on both.

My wife's DL expired in August 2008, based on the old I-94.

My wife got just her DL renewed with an H4 notice of approval (I-797).
I believe DMVs will take the validity date on approval notices to extend a DL.

TexDBoy is correct, as long as you have a valid I-797 with expiry date in future, most DMV will approve a DL extension.

Again, this could vary by state.

Btw, we live in CA.
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  #8 (permalink)  
Old 10-22-2008, 08:43 PM
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Default I-797 sufficent for DL renewals

hi all,
thanks for all your responses folks.

I am in charlotte, NC.

what i understood from TexDBoy and saketkapur that if i show the DMV officer the new I797 Notice with I94 ( i will get the new I797 till 2011, thats my 6yr term) i shud get the DL renewed.
Also just to clarify things more, i dont need to stamp the visa on the passport in this case, correct?

thanks.
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  #9 (permalink)  
Old 10-22-2008, 08:51 PM
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Default

Quote:
Originally Posted by sac-r-ten View Post
Hi all,
My wife's DL expires in Jan 2009 (i.e the visa stamped date). I will get new I797 from my employer for next 3 years as i am just 3yrs into my H1B. Will the DMV accept this I797 for DL renewal or do we need to get her H4 stamped from outside US?

The issue is just with my wife's DL, i have my DL till 2011 as back in 2005 they use to give for entire 6yrs (H1B) period.

Any knowledgable members/first hand exp members please reply back.
Appreciate all help from IVians.

Thanks.
My wife also had a case similar to yours and her I797 was accepted for the purpose of a DL. You don't need to get the H4 stamped. However, make sure you are carrying your passport and I94 forms with you apart from the I-797 form, of course.

Last edited by gcinprogress; 10-22-2008 at 08:52 PM. Reason: Spelling mistake.
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  #10 (permalink)  
Old 10-22-2008, 10:41 PM
Senior Member
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Default I-797 sufficent for DL renewals

thanks gcinprogress and all others.
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