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My STEM OPT is expiring in June 30,2015 and hence my driver's license. I called the DMV legal presence department and they said they can't extend my DL for that period. I have applied for another university and waiting for acceptance which may take some time (probably in July or August) and hence I am stuck without License during that time period. The DMV people told me that their hands are tied by DHS(Department of Homeland Security) people and hence they can't extend.

My friend who is in similar situation has got his DL covered for those 60 days period. This is weird. They didn't do it for me. Looks like it depends upon location of DMV from where one is getting DL.

Is it possible for me to drive using my Indian Driving License till the time I get new I-20 and renew my California DL ? OR any other alternative like obtaining permission from DHS and showing that as a proof to DMV so that they can extend that?

Karlson
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John
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    So once your OPT expires, and until you're accepted to the new uni, what will be your immigration status? – littleadv Jun 15 '15 at 07:11
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    As per the USCIS website,I am legally authorized to stay in the US for those 60 days. – John Jun 15 '15 at 08:34
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    Well, as per the DMV website, they want an authorization that expires more than 60 days after your application for extension is submitted, so here you have it. Drive with your Indian driver license. – littleadv Jun 15 '15 at 15:03
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    @littleadv "Drive with your Indian Driver Licence", is that your personal advice or can you share any source which states that I can drive with my Indian Driver Licence during that time. – John Jun 16 '15 at 04:20
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    The California laws requires CA-issued licenses from California residents. Since you cannot prove your residency based on the DMV requirement, California obviously doesn't consider you a resident (for DMV purposes). According to the DMV (and you can look for it on the website, I posted that link here a while ago), if you're a non-resident you can drive with your foreign license as long as it positively identifies you and provides satisfactory explanations on what kinds of vehicles you're licensed to operate . – littleadv Jun 16 '15 at 04:56
  • @littleadv Please share that link once again whenever you get a chance as I couldn't find it anywhere on this page. – John Jun 16 '15 at 19:16
  • @littleadv: "what will be your immigration status?" He will be in F1 status. Someone on F1 remains on F1 status for 60 days after graduating or after successfully completing OPT. – user102008 Jun 17 '15 at 01:53
  • @littleadv: "Drive with your Indian driver license." He is a California resident and cannot drive with a foreign license for more than 10 days after moving to CA. – user102008 Jun 17 '15 at 01:55
  • @littleadv: "Since you cannot prove your residency based on the DMV requirement" He can prove his residency fine. He just doesn't have the "legal presence document". That's a completely different thing. California also has AB60 driver's licenses which do not require legal presence documents, but they still need to prove California residency to get them. – user102008 Jun 17 '15 at 01:56
  • @user102008 well... He can't, if legal presence document is a requirement, can he? AB60 that's that stupid thing for illegal immigrants? – littleadv Jun 17 '15 at 04:17
  • @littleadv: He can't what? He doesn't meet the legal presence document requirement. He meets the residency requirement because he lives in CA. – user102008 Jun 17 '15 at 08:47
  • Again, you'll have to go and read the DMV residency requirements. He is no longer a resident. His presence is temporary. – littleadv Jun 17 '15 at 15:16

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No, you cannot drive on your Indian driver's license because you are a California resident, and someone who resides in California cannot drive on a foreign or out-of-state license after 10 days after moving to California. The definition of residency is complicated but the fact that you got a California driver's license means you have already definitely established California residency, because California residency was a requirement for you to have gotten a California driver's license in the first place.

One solution is you could get an AB60 driver's license which does not require legal presence documents, so that you won't be driving without a license in the interim.

user102008
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    That is entirely incorrect. He could have established residency for the period of his stay in school, but since he's no longer enrolled in a CA school (a requirement for residency), the previous situation no longer applies. – littleadv Jun 17 '15 at 04:19
  • @littleadv: Being a resident means he lives in CA. School is not required. Yes, he could move out of CA and not be a resident anymore. But he hasn't. – user102008 Jun 17 '15 at 08:46
  • Unfortunately, the DMV doesn't see it this way. He's a foreigner in a temporary status who has lost his direct link with California. Unless he declares that he's going to stay in the US illegally (i.e.: applies for AB60), he's no longer a CA resident. – littleadv Jun 17 '15 at 15:15
  • @littleadv: AB60 does not require that the person is in the US illegally. Residency has nothing to do with status (in fact, the OP is in status). Please read about what constitutes residency for driver's license purposes. – user102008 Jun 17 '15 at 18:35
  • I called the DMV legal presence department and that guy who was very rude in talking over phone, told me that wait for your license to expire and then apply for AB60 and once I get new I-20, apply for the license again. I am wondering why do I need to wait till it get expires and start the whole process again if I am ready and reacting well before my license is getting expired? – John Jun 17 '15 at 21:26
  • Contd... When I told him why my friend's license covered those 60 days and not for me, he was scared and told me that he don't want to get into trouble, talk to the place where you got your license. He was not even able to speak English properly. – John Jun 17 '15 at 21:26
  • Another thing that another DMV person who was very nice in talking to me told me is that I should not go for AB60 if I am expecting my legal presence document I-20 sometime in August as they are going to flag me in that case. So basically it's not a good idea to go for AB60 for just one or two months as there are lot of people waiting for the license for the past 2-3 months. I hope this information will be useful for others as well. – John Jun 17 '15 at 23:20
  • @John: But what's the alternative? Are you going to drive without a license for these few months? – user102008 Jun 18 '15 at 00:23
  • @user102008 I will avoid driving for that period. Will prefer public transportation. – John Jun 18 '15 at 00:52
  • @user102008 I actually did. I suggest you do the same. – littleadv Jun 18 '15 at 02:22