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USA visa extension query and DMV headache

USA visa extension query and DMV headache

Old Jul 17th 2016, 6:20 am
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Default USA visa extension query and DMV headache

hi all,

Got a couple of questions

1. Am on H1B and my extension was filed before the I94 expired so still have valid status and waiting for the extension approval.

Now the problem is the DMV dont seem to understand that I still have valid status and are causing a big headache for the driving license extension even with a letter from lawyer saying have valid status for the next 240 days pending approval etc

Any ideas what to do about this? I am also applying for a GC with the EB2 NIW route but that shouldnt change anything.


2. When I get the H1B extension approval I will get an I797A as am currently here in the US. Can I take this to any US consulate for visa stamping when I next visit London for example? Does the I797A have to say London as the consulate on it to go there?

When I look at sample i797a online they all have no consulate written on it so just wondered how this works? They all have an i94 on the bottom of them though

Thanks for the input
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Old Jul 17th 2016, 11:52 am
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Default Re: USA visa extension query and DMV headache

1. Good luck. I had to drive with an expired license for months. Ohio did not recognize anything but the H1B approval notice.
2. The I-797 will say if the petition is approved, and if an extension of stay was also approved then it will contain an I-94 at the bottom and will not list a consulate. For a visa renewal, each consulate has it's own procedures but generally you will need the I-797 and a copy of the I-129. Unless you have had a visa refusal in the past, any consulate will do. (Canada, Mexico, Bahamas and Jamaica are popular destinations). If you have had a refusal, the you must go to a consulate in your home country.
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Old Jul 17th 2016, 12:14 pm
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Default Re: USA visa extension query and DMV headache

Originally Posted by jsted View Post
hi all,

Got a couple of questions

1. Am on H1B and my extension was filed before the I94 expired so still have valid status and waiting for the extension approval.

Now the problem is the DMV dont seem to understand that I still have valid status and are causing a big headache for the driving license extension even with a letter from lawyer saying have valid status for the next 240 days pending approval etc

Any ideas what to do about this? I am also applying for a GC with the EB2 NIW route but that shouldnt change anything.


2. When I get the H1B extension approval I will get an I797A as am currently here in the US. Can I take this to any US consulate for visa stamping when I next visit London for example? Does the I797A have to say London as the consulate on it to go there?

When I look at sample i797a online they all have no consulate written on it so just wondered how this works? They all have an i94 on the bottom of them though

Thanks for the input

As this forum is purely for discussions regarding visas and citizenship only...please open a new thread in the General US forum to discuss issues with your driving license. Thanks.
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Old Jul 17th 2016, 3:50 pm
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Default Re: USA visa extension query and DMV headache

ok will create another thread for the DMV issue.

Any other inputs for my I797A question? Am presuming that even without a consulate on the form I can take it to London and get the visa restamped when I go there

thanks
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Old Jul 17th 2016, 8:08 pm
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Default Re: USA visa extension query and DMV headache

Originally Posted by jsted View Post
Any other inputs for my I797A question?
The I-797A extends your status only while you're in the US. It doesn't substitute for a visa - which is a travel document only. Once you leave the US, you must apply to renew your visa before being allowed to return to the US.


Am presuming that even without a consulate on the form I can take it to London and get the visa restamped when I go there
Status extensions are issued by USCIS. Visas are issued by the US Department of State. One has nothing to do with the other... so it's unlikely that your I-797A will be accepted by London.

Ian
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Old Jul 17th 2016, 8:34 pm
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Default Re: USA visa extension query and DMV headache

Originally Posted by ian-mstm View Post

Status extensions are issued by USCIS. Visas are issued by the US Department of State. One has nothing to do with the other... so it's unlikely that your I-797A will be accepted by London.

Ian
Not sure thats correct Ian this is what London Embassy writes on their site

https://uk.usembassy.gov/visas/tempo...red-documents/

Under number 7 and petition based applicants they ask 'preferably' for the I797A but only for essentially for the receipt number.

Yes I see your point but ultimately how would the visa be issued without proof of status extension?

Any others got experience of this

Thanks
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Old Jul 17th 2016, 8:56 pm
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Default Re: USA visa extension query and DMV headache

I'm not sure what Ian meant by "accepted". There is a database that the consulate can access (USCIS sends a copy of the accepted petition to the KCC consular database) to verify that your petition was approved, but having the I-797 on hand is important in case there were issues uploading your approval to the database.

I always carried the I-129 as well, and in two occasions the consulate asked for it.
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Old Jul 18th 2016, 1:26 pm
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Default Re: USA visa extension query and DMV headache

Which state are you in?

I noticed that the NJ MVC had a template letter on their website for people in your situation to bring in so they could renew their license so perhaps your state has something similar?
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