TD extension for spouse is pending.. her Driver License is expiring

O

Ozzies

Member
Hello,

My wife's current TD is tied to my old job. I have submitted an I-539 for TD extension to align with my new job.

Her TD expires on April 13, 2018, along with her Driver License. I submitted for her TD extension in November 2017, and they are so back logged that she won't be able to get a new TD by atleast end of 2018 or even early 2018.

Can i take the I797 notice i got for the extension for TD to the DMV and have her license extended? Does she have options?
 
are you close to a POE? If so, it might be easier to just make a short trip north of the border and get updated TD
 
Driver's license requirements are different for each state. What state are you in? Does your state have driver's licenses for people without legal presence documents?
 
Hello Mister said:
are you close to a POE? If so, it might be easier to just make a short trip north of the border and get updated TD
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I'm Canadian, she is not. My license is good until 2020 because i made the trip when i switched jobs and sent her extension via mail for TD. Shes not able to do that because, she is not Canadian.
 
Presumablt Ozzie has checked the requirements, and found (as in many states) that she needs a valid I-94. Providing the receipt for the TD application for extension does not count.

At this point, the only way to immediately get an I-94 is to visit a consulate (outside US), with your TN I-94 etc, and get a TD visa, then enter with that visa, and get a new I-94, now tied to your new TN.
 
nelsona said:
Presumablt Ozzie has checked the requirements, and found (as in many states) that she needs a valid I-94. Providing the receipt for the TD application for extension does not count.

At this point, the only way to immediately get an I-94 is to visit a consulate (outside US), with your TN I-94 etc, and get a TD visa, then enter with that visa, and get a new I-94, now tied to your new TN.
Click to expand...
Thanks,

that makes me wonder of all the H1B applicants who have filed for extension and are stuck in this similar limbo (my wife doesn't work, so she will be fine without a license), how do they drive and get to work?

anyways, thanks for your answer. i'll call the DMV just to make sure they don't make exceptions
 
Ozzies said:
Thanks,

that makes me wonder of all the H1B applicants who have filed for extension and are stuck in this similar limbo (my wife doesn't work, so she will be fine without a license), how do they drive and get to work?

anyways, thanks for your answer. i'll call the DMV just to make sure they don't make exceptions
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I looked at this Texas PDF about verifying lawful presence, and they have an entry for "Applicants for extension of status, change of status, petition for non- immigrant worker, with a pending I-918 application, or other pending category."
 
newacct said:
I looked at this Texas PDF about verifying lawful presence, and they have an entry for "Applicants for extension of status, change of status, petition for non- immigrant worker, with a pending I-918 application, or other pending category."
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Thanks, this helps. Hopefully the DMV guys are aware of this document
 
I'd have to go with newacct on this, but be aware that that is not official:

NOTE: The "Verifying Lawful Presence" guide is for informational purposes only and does not ensure a driver license or ID card will be issued. Select the following link to download more information on How to Complete Lawful Presence Verification.
https://www.dps.texas.gov/internetforms/Forms/DL-62.pdf

The doc I found on their site, which was the basis for my response, was
http://www.dps.texas.gov/internetforms/Forms/DL-57.pdf
which did not allow for any pending applications and is current to last month.

Good luck.
 
Everyone,

Just want to update everyone on this, i went last week to the dmv - waited 3 hours for my turn... once i got my turn, she told me to come back closer to the expiry date ( 16 days or closer) because she said if she tries to extend the license, it pushes back to the original expiry date of 04/20/2018. So i will be trying again on April 4 or later hoping it works, i'll keep you guys posted.
 
But did they tell you what she needed to bring? That would be more important than gaining a couple of days on an expiry
 
nelsona said:
But did they tell you what she needed to bring? That would be more important than gaining a couple of days on an expiry
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I brought my I94 (which has 2020 expiry), the I797 receipt - which shows the pending extension, my passport, and my wifes passport just to be safe.

But she only looked at the i-797 form and knew what to say to me.

she said they would do the 3 step process that newacct linked above
1st step, they check their system to see if my wifes application is showing in DHS database, which is instant.
if this fails,
2nd step letter request, which takes 3-5 days
3rd step 20+ days, if the 2nd step fails.

They don't necessarily extend her license to my I-94 date. she said they would extend it either 6-9 months until her application can be processed.
 
Went to DMV again . She checked the system with my wife's passport number . The system came back with the same expiry date as her I94. Shes doing 2nd step which is requesting a letter so now my wife's license will expire before we get an answer. She scanned my wife's 797 receipt as supporting document in the system .

The first visit to DMV turned out to be a complete waste. Has she done the 2nd step. My wife would have had the extension by now
 
Ozzies said:
Hello,

My wife's current TD is tied to my old job. I have submitted an I-539 for TD extension to align with my new job.

Her TD expires on April 13, 2018, along with her Driver License. I submitted for her TD extension in November 2017, and they are so back logged that she won't be able to get a new TD by atleast end of 2018 or even early 2018.

Can i take the I797 notice i got for the extension for TD to the DMV and have her license extended? Does she have options?
Click to expand...
Can you kindly help me on how did she obtain a license on TD status. I am in the same boat. Have a canadian license but since we moved here i m on TD visa. I need a license here too
 
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