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  • Driver's license on H1

    Hi, my h1 just got approved. My employer has received a courtesy copy of the I-797. They have given me a photocopy of that. Can I use that photocopy at the California DMV office as proof of legal presence to get my drivers license?

  • #2
    If the approval includes an I-94 at the bottom, that is proof of legal presence.
    This is my opinion and not legal advice.

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    • #3
      No you cannot use the courtesy copy of the I-797 as it wouldnt have I-94 dates on it. You need to wait till you get the original receipt from your attorney to get your DL - doesnt matter which state.

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      • #4
        Hi OP,

        USCIS sends two copies of I-797 (one courtsey copy without I-94) and it is I-797C at the top and other one with I-94 at bottom and is I-797A.

        Note : Above scenario is generlly when H1 is filed through an attorney.

        So ask your employer -for I-797A - the one with I-94 at bottom and if possible ask for an original ( as you know DMV people - they can raise any issue any time like " we want to see original" etc etc...).
        If not -then try with the photocopy....
        Also you need to take an Employment Letter from your company (on company letterhead) which DMV office will keep.

        Thanks and regards,
        Abhay

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