H1B approved but i797 not received. Can I go for Visa Stamping?

USA H1B
1

Hi Anil,

On USCIS site it showing my I 129 is approved on Dec 9 2018.
We received approval notice copy for my wife and son for H4 extension and I 94 extension.

But for me I have not received any approval notice copy for my H1B.
Now as my I 94 is already expired and I am completing 240 days on April 28 2019. So can stay and work here?

My attorney is saying it will 4 to 6 months to get duplicate copy. Is this true?

Also I want to go back to India, so I can go for visa stamping without the approval notice copy for me?

Please advise.

2

Your attorney should have received the H1B approval copy if the address was correct.

Are you sure it did not reach them?

Why is your attorney asking for duplicate copy?

They can call USCIS and say that they have not received any approval copy at all and USCIS will send another one. That’s what I think can be done.

H1B visa stamping without i797

You should not go for Visa stamping without your approved i797 in your hand. It is very risky.

3

But can I work till the approval copy not received?

Thanks

4

What proof do you have that your H1B was approved?

USCIS online status is not considered a valid proof.

Did you check with your employer or attorney on how do they know that your H1B was approved?