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Driver license expiring while applying for Greencard

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Filed: Citizen (apr) Country: India
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Hello,

My OPT(and I-20) is expiring on March 4rth 2014 and I am going to apply for my greencard next week. My wife is a US citizen and I have been living in the US for more than 8 yrs. I know I am only allowed to work until my work permit (OPT) says, which is march 4rth and I am only allowed to drive until my driver license expires which is march 4rth as well.

But I will have applied for my greencard a few weeks before this day comes anyway. So, is there any way I could get any extension for both work permit and driver license? If I continue working, will that cause any issue with the immigration and my greencard process?

Can I atleast get my driver license extension?

I know it takes upto 90 days to receive my work permit but I was wondering if there is anyway I could continue work or atleast being able to drive.

Please let me know..I appreciate your time and needful help.

Thank you very much.

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Filed: Citizen (apr) Country: Canada
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Most states will require the EAD (or green card) before they'll renew your driving license, but some might be willing to do it just based on your receipt notice.

If your employer doesn't notice that your status is expiring, and you continue to work, that period of unauthorized employment would be automatically 'forgiven' upon your adjustment of status.


Also, pending loss of a job due to expiration of work permission is a valid reason to apply for expedited EAD. I think the timeline you present is too tight to not have any gap, though.

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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Filed: Citizen (apr) Country: India
Timeline

Thanks for the response you all specially to "HMH33". I asked my lawyer to file my paper and see if I could fall under the expedited EAD category (as you mentioned above). I hope I will get it soon enough. But I am glad you told me that I could work if my company doesnt notify me regarding this. I am sure I should be getting my EAD soon enough and then I will update my company regarding this.

Also, this wont look "negative" when I am asked for my greencard interview, right? I meant what if the office asks me why did I continue to work if my OPT was epired and waited to get my greencard/EAD. Will that affect me negatively?

Please shed some light upon this.

Thank you,

Vedic

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Filed: AOS (apr) Country: Scotland
Timeline

I'm in the same situation. My license expired on Friday and they won't let me renew it until I get my green card which is on it's way. I went to renew my license a few weeks ago and they let me renew it but it had the same expiration date as the one I already had.

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Also, this wont look "negative" when I am asked for my greencard interview, right? I meant what if the office asks me why did I continue to work if my OPT was epired and waited to get my greencard/EAD. Will that affect me negatively?

They won't ask, and even if you were to volunteer the information, they're not allowed to consider it in their decision. That's what is meant by "automatically forgiven".

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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  • 2 weeks later...
Filed: Citizen (apr) Country: India
Timeline

Thank you all for the kind and needful information. I am successfully able to extend my driver's license for 60 days. Apparently, every DMV is supposed to give you 60 days extension if you are or have been on F-1 visa status and is not currently expired. My DL(Driver license) is expiring on March 3rd, so I am okay for now and this is why DMV person was able to give me 60 days extension.

But I need to bring my I-485/I-765 received receipt from USCIS and bring it to DMV and they can give 1 year extension on your license based on those received documents receipt.

I just hope they can give me 60 days work extension too. I am just very afraid to continue working without EAD.. So, I hope my company would not find out and I shall be able to receive my approved EAD very soon like you mentioned "HMH33"..

Thank you,

Vedic

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