I will try the I-797 approach however, during mny first attempt at the DMV, the agent indicating that a year in country is required. Look at the following regulation, item "F". All original applicants for a driver license or identification certificate must present proof of identity satisfactory to the department. All documents must be verifiable. There are three categories of documents that may be presented to establish proof of identity. (1) Primary identification. These items are complete within themselves and require no supporting instruments: These documents must contain the applicant's complete name and full date of birth: (A) Texas driver license (DL) or identification certificate (ID) with photo within two years of expiration date; ( unexpired United States passport; United States citizenship (naturalization) certificate with identifiable photo; (D) unexpired United States Bureau of Citizenship and Immigration Services document with verified data and identifiable photo; or, (E) unexpired United States military ID card for active duty, reserve or retired personnel with identifiable photo. (F) foreign passport with a visa issued by the United States Department of State (valid or expired) with unexpired I-94 marked valid for a fixed duration. The Form I-94 must have been issued for a period of at least one year and must be valid for no less than six (6) months from the date presented to the department with a completed application. (G) foreign passport with a visa issued by the United States Department of State (valid or expired) with an I-94 marked valid for the duration of stay accompanied by appropriate documentation.