Driver's License renewal in Virginia (H-1B expired, Extension pending, AOS on the horizon)

[netsinb 0]

Hi all, 

 

To give you all a background, I most recently renewed my Virginia's DL based on the I-797 receipt of my H-1B extension application. The petition for 1 year extension which was filed last year, is still pending. 

 

My I-140 is also pending, but looks like I can't use the receipt for renewal?  What are my options other than waiting for I-140 to get approved and use the receipt from filing H-1B extension?

 

I will be getting married to a US citizen soon, and will be filing for GC. Would the receipt of that application (AOS) be enough to get a renewal? I will be filing AOS as a bundle which also includes I-765. Based on the documents listed here https://www.dmv.virginia.gov/sites/default/files/documents/accept_doc_status.pdf, it seems like that'd be enough along with a I-485 receipt notice? 

 

Did I understand that correctly? Can anyone with similar experience offer their thoughts? 

[Fr8dog 414]

Either EAD or the the I-797 for the I-485 should do the trick. You may to convince the clerk that that is acceptable. They check the system with a code based on the associated document you give. If they tell you it doesn't work tell them to look up the correct code in the "book". the "green card code" will not work.

Don't be surprised if they sent the actual application to Richmond and have the main DMV deal with it. 

There is no reason to go in until you get close to the expiration date on your current license. I would go in with about a month to go.

 

 

[WeekendPizzaiolo 118]

Virginia DMV has a list of acceptable documents to prove of legal status.

5 hours ago, netsinb said:

To give you all a background, I most recently renewed my Virginia's DL based on the I-797 receipt of my H-1B extension application. The petition for 1 year extension which was filed last year, is still pending. 

 

A H-1B extension application receipt notice is not listed on Virginia DMV's list.

 

5 hours ago, netsinb said:

My I-140 is also pending, but looks like I can't use the receipt for renewal?  What are my options other than waiting for I-140 to get approved and use the receipt from filing H-1B extension?

You can use a receipt notice from I-485 Adjustment of Status according to that same list (page 2, second to last row "pending application for adjustment of status").

 

5 hours ago, netsinb said:

I will be getting married to a US citizen soon, and will be filing for GC.

If you get married to a US citizen, you would file an I-130 instead of an I-140. According to this page, one may file both I-130 and I-140 petitions concurrently, but I cannot confirm from first-hand experience.

 

5 hours ago, netsinb said:

Would the receipt of that application (AOS) be enough to get a renewal?

According to the Virginia DMV document list, the AOS receipt is on the list of acceptable documents. I would print this list with the virginia.gov hyperlink in the header. If that still doesn't do it, I would try someone else, a different office, or ask them to ask a supervisor.

 

5 hours ago, netsinb said:

I will be filing AOS as a bundle which also includes I-765. Based on the documents listed here https://www.dmv.virginia.gov/sites/default/files/documents/accept_doc_status.pdf, it seems like that'd be enough along with a I-485 receipt notice? 

I-765s are taking a long time and a I-765 receipt notice will not work according to this Virginia government FAQ, but you should receive your I-485 receipt notice about the same time so the I-765 receipt notice is moot for the proof you need at the DMV.

 

 

 

 

 

 

 

[netsinb 0]

12 hours ago, WeekendPizzaiolo said:

17 hours ago, netsinb said:

To give you all a background, I most recently renewed my Virginia's DL based on the I-797 receipt of my H-1B extension application. The petition for 1 year extension which was filed last year, is still pending. 

 

A H-1B extension application receipt notice is not listed on Virginia DMV's list.

Thanks for the response!

This is the document the DMV people use and I have also seen it first hand. I also linked this document [https://www.dmv.virginia.gov/sites/default/files/documents/accept_doc_status.pdf] in my post. It's much more detail and clarifies a lot of things - like I797 approval or receipt notice. It's straight from the DMV website (https://www.dmv.virginia.gov/licenses-ids/id-cards/legal-presence).
You'll see in there that it mentions I-129 (H-1B) receipt as one of the acceptable documents. That's how I renewed my license the last time around and they extended it for a year, but as of now the H-1B extension is still pending, and I don't know if I could use the same document for renewal again. I read somewhere that it has to be a new petition.

12 hours ago, WeekendPizzaiolo said:

If you get married to a US citizen, you would file an I-130 instead of an I-140. According to this page, one may file both I-130 and I-140 petitions concurrently, but I cannot confirm from first-hand experience.

 

That's correct, I was just saying that my I-140 is already filed through my employer and I might be able to file a H-1B extension based on the I-140 approval.
 

 

12 hours ago, WeekendPizzaiolo said:

I-765s are taking a long time and a I-765 receipt notice will not work according to this Virginia government FAQ, but you should receive your I-485 receipt notice about the same time so the I-765 receipt notice is moot for the proof you need at the DMV.

Thank you for this info. Are you talking from personal experience that the I-765s are taking a long time? I do agree that I could just use the I-485 receipt as a proof to renew.

[WeekendPizzaiolo 118]

1 hour ago, netsinb said:

You'll see in there that it mentions I-129 (H-1B) receipt as one of the acceptable documents.

Ah, yes -- you're right. I would then print this and show the rep, perhaps highlighting the appropriate item. Printed webpages that have .gov hyperlink can also help. They may need to call a supervisor to verify.

 

People in bureaucratic roles often prefer to handle the most common cases where they have the most efficiency and the least chance of making a mistake. The less common one's case is, the more a clerk will need to actually leave their comfort zone and do something that imposes risk on them (making a mistake) so they may refuse service. In these cases, I either ask them what doubt they have, talk to a peer of theirs, talk to a supervisor, or try a different office.

 

2 hours ago, netsinb said:

Are you talking from personal experience that the I-765s are taking a long time?

My spouse's I-485 was approved in 8 months but their I-765 was not adjudicated until 14 months after receipt notice so it was moot. This was in 2023 so it may have sped up.

 

2 hours ago, netsinb said:

Thank you for this info.

You're welcome.

[mam521 2,519]

17 hours ago, Fr8dog said:

Either EAD or the the I-797 for the I-485 should do the trick. You may to convince the clerk that that is acceptable. They check the system with a code based on the associated document you give. If they tell you it doesn't work tell them to look up the correct code in the "book". the "green card code" will not work.

Don't be surprised if they sent the actual application to Richmond and have the main DMV deal with it. 

There is no reason to go in until you get close to the expiration date on your current license. I would go in with about a month to go.

 

 

^^^This.  Virginia uses SAVE verification to ensure you're legally entitled to be in the US.  Hopefully your documents are approved and arrive quickly!