I-824, Approved H1B w/ notice saying duplicate copy of H1b was not submitted

Hi Anil,
we have a unique situation, & looking for your advice…
My Wife applied for H4EAD to H1B – her Her H1B is approved(for 3 years) with some notice from USCIS… and we are confused… can you please suggest what are our options:-

email from our attorney, and what mentioned in notice-

We received the attached notice from USCIS claiming that Anshika’s H-1B petition was either submitted without a duplicate copy of her H-1B petition to be forwarded to the consulate abroad or it was not submitted with an express statement saying that the duplicate copy was to be forwarded.

This may result in delayed processing times at the consulate for Anshika if/when she goes for H-1B visa stamping at a consulate abroad—as the consulate will need to reach out to USCIS to verify that the petition has been approved and obtain a copy for their record’s.

In notice:
This condition reflected above may affect the benificiary’s ability to obtain a visa at a consular post.
However, you may file a form I-824,Application for Action on an approved application or petition
with the appropriate fee and include the duplicate I-129 form with a complete set of all supporting documentation in order to obtain cousular processing, if required.


  1. can we file duplicate copy now
  2. if not, can we refile H1B instead of uncertainty @ stamping time
  3. please suggest the best option to mitigate this issue

Thank you so so much Anil…

Hi Anil… can you please acknowledge if you got his email… i am thinking i have posted my post to a wrong group…

I don’t understand your question here.

What is your attorney saying for this approval?

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They are saying they never filled i824 for H1B… and it will not make any diff…

What do you think we should do?, it is also taking 7-12 month processing time

Another question would be

  1. if i-824 is filed, while it is pending can we travel outside usa
  2. will filing of i824 imact the visa negatively…
  3. if we don’t file ,approximately how long will it take in counsular processing in India…and what issues we may face… there…

Thank you Anil, as always you are a great help…

I don’t have any experience to share for i824. I suggest to talk to your attorney and follow their guidance.