19/07/10

USCIS 797 validity end date error-date came 2010 instead of 2012

My H1B extension is valid until Aug 2012. My spouse is on H4 visa , Old H4 validity is until sept 2010. we have applied for H4 extension.. got new 797 stating as approved last month. But validity date came until Aug 2010 which supposed to come until Aug 2012. 



My employer applied for an amendment in this case to correct Aug 2010 to aug  2012, We didn't hear anything from uscis & we don't have any proof that we have applied for an amendment. 

My spouse's driver's license expires in Aug 2010. How can we apply for driver's license renewal in this scenario. Is their any way to get driver's license from dmv in Florida state without valid 797 ?



1) Is their any proof that we get, When applied for amendment through mail(My employer told -we didn't have any proof that we have applied for amendment )?

2) How can we renew driver's license in this scenario.



Answer:


I see that your main problem at this moment is your husband's expiring driver license.

I can't comment of what your employer or their lawyer did or didn't do. If they properly applied for a change of status again (to correct mistake - either their mistake or USCIS'), it should be approved and corrected within 1.5-2.5 months.

No, he can't apply to renew his Driver License until he actually has a new corrected I-94 form which has an expiration date August 2012. Please also keep in mind, that DL is one issue. Another issue is maintaining his lawful non-immigrant H-4 status. His status extension should be properly applied for prior to expiration of his current H-4 status. It's also possible to apply for H-4 visa at the Consulate abroad, and when arriving back in USA get a new correct I-94 card.

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