While some jurisdictions across the country are renewing driver’s license based on H-4 receipts, others are still are requiring an approval notice from USCIS.
When Minnesota resident Sakshi Singh, who is currently awaiting her H-4 visa extension, went for her driver’s license extension recently, she had little hope.
“I had been on immigration and visa forums online and heard many members complain about lack of mobility due to denied driver’s license while on a visa extension wait,” she told the American Bazaar. “Since my license was expiring and without a driver’s license I would have been totally home-bound, I thought it was worth a try to at least go and attempt a renewal. I didn’t have much hope but lo and behold! I was granted an extension for 3 months.”
However, having been stuck in the visa extension limbo she was quick to add, “Looking by the way wait times are going, I may need another renewal before my H-4 arrives, but for now this is a relief.”
But the story isn’t the same everywhere. When Purvit Swami went for her driver’s license extension in her state of residence, Oklahoma, she was flatly told that an approval notice is required and a receipt notice, which she had, was not enough.
RELATED: H-4 visa delays are crippling everyday lives for many (March 12, 2021)
Similarly, Mandira (last name withheld upon request) was denied her driver’s license renewal in New Jersey, as she just had the receipt notice. When she informed the local Motor Vehicles commission office that some of her acquaintances were issued in DMV offices in other localities, she was told by an official that she does not qualify for a renewal as her receipt was more than 6 months old.
As the American Bazaar reported, thousands of H-4 holders are waiting for their visa extension.The backlog in processing H-4 visa and EAD extensions are due to new requirements mandated by the Trump administration and processing delays due to Covid-19.
Curiously, H-4 extension petitioners across the United States report varying experiences when it comes to extension of driver’s license, indicating that there are no uniform rules.
Driver’s licenses are issued by individual states, not by the federal government. Requirements, validity and even age limits vary from state to state. For instance, in states such as Idaho, Montana, South Dakota and North Dakota the minimum age for obtaining a full, unrestricted license is 16 years, while in 15 states the minimum age limit is 18 years. Similarly, the validity of a license also varies in states, from 2 years to 8 years.
READ: H-4, L-2 EAD visa extension backlogs may take years to clear out, say attorneys (February 28, 2021)
When the American Bazaar contacted an Illinois Secretary of State Driver Services Department to enquire if licenses could be renewed while a visa extension was pending, we were unable to confirm. (In Illinois driver’s licenses are issued by the secretary of state.) Asked if there are any specific rules regarding the renewals for those awaiting visa extensions, the official said they will get back.
The California DMV’s website does not mention rules regarding pending visas. “For Californians with temporary legal status, their REAL ID DL/ID card will expire on the same date as their U.S. legal presence document, and they can receive a new card with a document,” it states.
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While some applicants the American Bazaar spoke to were lucky to get licenses while awaiting extension. For instance, Anandi Shah was able to get a multiple years’ license in New York, based on his spouse’ I-797B form, which indicates approval of a work visa petition.
Others had to produce myriad papers and documents and were still not very lucky.
READ: A timeline and history of H-4 EAD (January 27, 2021)
Rules seem to vary depending on which state one is applying. In fact, some had different experiences with different DMVs within the same state.
Pramod Bal told the American Bazaar that he was able to renew his license at his local DMV for a year. However, others who applied or at different DMVs said they were turned down.
Another applicant who visited a DMV in Texas said an official denied her extension stating that USCIS is not giving extension dates. Dallas-based Sreeja (last name withheld upon request) said she had heard about some applicants getting a 240-day or a 1-year temporary driver’s license while awaiting visa extension. Based on an approval notice from USCIS, which serves as a secondary verification, many DMVs are accepting the application for renewal.
“It looks like the process is different for different states and DMVs with nothing set in stone,” California resident Megha Murthy said. “Just like the H-1B visa draw in the US, which is a game of luck, it appears that a driver’s license while on H-4 may be a matter of luck, too!”
READ MORE:
Rep. Bonnie Watson Coleman asks DHS chief Alejandro Mayorkas about H-4 EAD delays (March 22, 2021)
Another day, another H-4 EAD visa holder loses her job while awaiting work permit extensions (March 7, 2021)
The forgotten workers: Why is no one talking about L-2 visa, EAD delays? L-2 holders are suffering as much as H-4 holders (February 23, 2021)
Those awaiting H-4 EAD holders disappointed that Biden has not addressed work permit delays (February 10, 2021)
Biometrics requirement lengthens H4 EAD processing time considerably (August 12, 2019)
Houston law firm sues USCIS over delay in H4 extension, H4 EAD (June 10, 2019)
DHS to introduce biometric system to cut visa overstays (May 26, 2017)
2 Comments
This one is purely based on my real life experience.
Do you all really think you can renew your driving license when your H4 extension is still in process.
Well, the answer is YES.
But, if you check with your friends and others for the answer, they would probably say, it’s not possible. You will have to wait until your application is approved. That’s not true. It can be renewed for a certain period of time.
I am a mom of 3 young kids and sometimes I need to drive them to school and there may be some after school activities, for which they need me to pick them up from school. I can’t depend on my hubby all the time as his work place is very far from my apartment and also from kids school.
I moved to the USA a year ago, and immediately applied for Learner’s permit and waited for one month, later appeared for the driving test and cleared it in the first attempt and got my Driving License as its very much needed for house wife like us as we can’t depend on hubby for grocery shopping and other kids related work. Especially,when you have school age kids, as a mom we need to have our car and it is mandatory in America.
Our Visa got expired few months back and well in advance, my husband’s employer had initiated the Visa extension process and within the timeframe and before my husband’s license expiry date he got his approval notice from USCIS, so he applied for the renewal process and got his DL renewed because his approval notice was very clear and got it for the exact tenure that’s mentioned the VISA approval notice.
My H4 extension application was also processed the same time as my husband’s, but all I received was only Receipt number notice (acknowledgment notice) that the documents have been submitted and no further mail or any other communication from the USCIS with regard to my extension.
Just one day before my DL expiry date (because received the receipt notice the same week only), went to nearby DMV office in my town with all required documents (listed below)
1. My current Driving License
2. Address proof (leasing document)
3. Address proof (Car Insurance)
4. Husband’ s employer letter
5. Husband’s H1 extension approval notice
6. My H4 extension acknowledgment notice
7. Passport
8. I94
Well, everyone knows how busy the DMV office would be? I couldn’t get any online appointment, so I checked in at the walk-in counter, got a token and waited for almost 1.5 hrs to get in to the counter. The staff at the counter checked all my documents and went inside to get it verified with her supervisor. Again, I waited almost for another 30 mins at the counter. She came back and told me that she couldn’t process my application as they will have to check my case with the USCIS and they couldn’t get hold of any one at that time. So, she noted down my contact number and told me she could call me back the next day or once they hear back from the USCIS and fix up an appointment to further process my application.
I waited for one complete week and didn’t hear anything from them. As you know, you can’t contact the DMV office over the phone. You could see a contact number in google search, but it will connect you to the Head DMV office of the state you live in. If you contacted them, all they could do was send an email about your case to the respective DMV office. Nothing else they could do. The same thing happened to me. So, I decided to visit the DMV again, they said they didn’t hear anything from USCIS and gave me a SAVE case check form for my application, so that I could check the status online. I checked the status online after a week, it showed “case returned to the agency” but didn’t hear anything from the DMV office. When I contacted the head office number , they said they sent an email to them and they will call me back. Nothing happened.
In the meantime, a few of my friends suggested that I visit another DMV office to try my luck. So, I planned for my next trip to another DMV office that is almost 45 mins drive from my place. I went through the same process, walk-ins – waited for 1 hr – counter – documents checking – later the same reply and SAVE case check form. But this time, in this DMV office they retained my DL renewal application form and copies of all my documents. After almost a week, I received a call from them and they heard back from the USCIS, but didn’t tell me what they heard?????
The lady who contacted me was very rude and asked me to share the proof that I am legally eligible to stay here as my VISA expired a few months back. I have tried my best to explain to her that I am on the dependent VISA, my husband’s (primary applicant) got approved and mine is in process. So I could stay here as long as they make a decision.
She was continuously beating around the bush and asking for legal documents and sounded very aggressive. She almost made me cry. So, I emailed her my I94 and VISA extension receipt. She told me she has these documents already and needs proof that I can stay here after my VISA expiry, for which I have no documents except Receipt number.
Later, she told me she needs to get approval from HEAD OFFICE, if my renewal can be processed and hung up the phone. After almost an hour I received another call from her and confirmed to me that my DL can be renewed for next 6 months considering my current situation and asked me to visit the DMV with all documents.
So, I visited them the again next day, the same process walk ins – waited for 1 hr – counter – documents checking – didn’t submit an another dmv renewal application form as they could use the same form that they had and processed my application and got my DL renewed for next 6 months from the next day of VISA expiry date.
Great!!You Achieved it. I am currently in the same situation. Could you tell me, how to connect Head Office?