temporary drivers license

[Details_wanted]

hello

I am on H4 visa and my husbands is on H1B .We are having our green card processed and have our I-140 cleared and my husbands HIB has been sent for extension. My drivers license expires on sep 20th. Can i get a temporary drivers license from PDOT? or will i have to wait for the extended paperwork to come in to get my license ?

thanks

Veena

[kabkaba]

First if your I-94 expires on Sep 20, have you sent your own I-539 along with your husband's extension petition? If not you must do so asap, before your I-94 expires.

Unfortunately most states only give licenses up to I-94 expiry dates these days. You can check with your state's DMV (or PDOT), to see if they issue shorter duration licenses based on extension filing receipt.

[Details_wanted]

Thanks.

What will happen if my I-539 is not filed after my I-94 expires? Will it cause an issue?

[kabkaba]

I-94 date is the last day you are allowed to stay in the US. All other dates (like Visa expiry) do not matter. Application to extend status (I-539) must be received by the USCIS before this date, or you are considered illegal.
Many companies also file this application for H4 dependents along with their H1 petition, was that done in your case?

[shervin143]

Your stay in U.S will become illegal. You may have issues with your future petitions and your future visa stampings. If you accumulate illegal stay for more than 6 months, you could get upto 3 year ban. If you accumulate illegal stay for more than 12 months, you could get upto a 10 year ban.

I-539 extension of status should be filed before your current I-94 expires. Not after that.

Thanks.

What will happen if my I-539 is not filed after my I-94 expires? Will it cause an issue?