Clairifcation on one-year extension on Form I-797 NoA for RoC

[jxn 86]

My local DMV renewed my wife's driver license and set its expiration date to one year from the date of the Form I-797 Notice of Action, which states that her "conditional resident status is extended for a period of one-year."

Searching the forums, it seems like many people say that this means one year from the expiration date on the green card. However, my local DMV says that it is one year from the receipt date (the date listed on the I-797 NoA letter). I called USCIS customer service just now and the representative said to me that it is indeed one year from the receipt date and not one year from the green card expiration date.

For couples like us where we mailed out the RoC application 89 days early, this is frustrating because it means we lose three months of driver license validity, so to say.

Can anyone speak with certainty as to which date the one-year extension applies to? Thank you!

[Mollie09 1,543]

This wasn't an issue before ROC started taking over a year, so USCIS never felt the need to clarify. Now I've heard both responses, from USCIS, from Tier 2 officers and during InfoPass. Not even they know. Their official guidance doesn't specify:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2003/crextensn120203.pdf

So go by the letter to be safe.

[charmander 692]

My local DMV renewed my wife's driver license and set its expiration date to one year from the date of the Form I-797 Notice of Action, which states that her "conditional resident status is extended for a period of one-year."

Searching the forums, it seems like many people say that this means one year from the expiration date on the green card. However, my local DMV says that it is one year from the receipt date (the date listed on the I-797 NoA letter). I called USCIS customer service just now and the representative said to me that it is indeed one year from the receipt date and not one year from the green card expiration date.

For couples like us where we mailed out the RoC application 89 days early, this is frustrating because it means we lose three months of driver license validity, so to say.

Can anyone speak with certainty as to which date the one-year extension applies to? Thank you!

I am still unaware of an official USCIS document that states the NOA extends the GC one year from the expiration of the GC or the date NOA letter was created. General consensus is one year from the expiration of the GC, this was confirmed by people who made infopass appointments and told by the officers there but when you don't have a written document to show to DMV there is not much you can do other than maybe talking to the supervisor at the DMV or going to another DMV in your area.

Maybe other Washington DC filers could share which DMV office they used to get a longer expiration date (if it is possible).