Just denied Driver's License Renewal with EAD Temporary Extension Letter

[jkornick07 0]

Hey everyone, thanks for any ideas. My wife was just denied her Driver's License renewal because she doesn't have any new documents since the last renewal, 6 months ago. Her EAD is set to expire this month. We submitted a renewal months ago and still haven't gotten any update. Calling USCIS they told us its still within the window of processing. It wasn't a big deal because as long as you filed your renewal on time (which we did) they automatically extend your EAD 6 months while waiting for processing.

 

However, this has now impacted her ability to get a new driver's license. The letter from USCIS saying her EAD is extended 6 months during processing technically doesn't have dates on it, just a statement of the extension. And the DMV said there is nothing they can do since she doesn't have any proof of extension. Does anyone have any ideas we can use to extend her DL while we are waiting on AOS and EAD renewals or is she just not going to be able to drive? We are in Utah by the way. Thanks

[HRQX 4,145]

1 hour ago, jkornick07 said:

The letter from USCIS saying her EAD is extended 6 months during processing technically doesn't have dates on it

Could you ask for a supervisor (or try a different DMV office)? Also ask them to try to check the SAVE system. The date in the "Received Date" box is proof enough if it's before the "expiration" date listed on the EAD. I.e. that the I-765 was "timely filed"

 

Also see: https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled "An individual may choose to present the Form I-797C to a DMV, depending on state DMV rules, in combination with his or her expired EAD that has been automatically extended pursuant to this rule. The combination of the qualifying Form I-797C and expired EAD is the equivalent of an unexpired EAD for purposes of this rule. See final 8 CFR 274a.13(d)(4). USCIS will provide guidance to stakeholders, including DMVs, on its Web site to help clarify the provisions regarding automatically extended EADs as established by this rule."

8 CFR 274a.13(d)(4): "An Employment Authorization Document (Form I-766) that has expired on its face is considered unexpired when combined with a Notice of Action (Form I-797C), which demonstrates that the requirements of paragraph (d)(1) of this section have been met."

Edited September 18, 2021 by HRQX

[Leeman15251 15]

We had the same issue in Ohio. They do not recognize the automatic extension for a renewal. We were able to get an expedite approved for the work permit so we could get a new license. USCIS asked for proof and we send screenshots of the BMV site and that worked for us. 

[jkornick07 0]

Thank you both for your ideas. I am going to print the referenced document and take it over with us. My wife did have the original 797c but I don't think we fought hard enough. We will try again next week. If they don't budge we will ask for proof of denial and try to request expedited services to get a new EAD.

[Ontarkie 13,920]

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