i797A not received from USCIS, attoreny says i797C is sufficient for stamping (dropbox)

USA H1B
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1

My h1B was approved with premium processing in Jan-2021. i94 validity is till June-2024.
I didn’t receive i797A from USCIS (probably lost in transit when USCIS shipped). When enquired with my company attorneys, they said it’s not needed for stamping. Only i797C and company / attorneys supporting documentation is sufficient for Visa stamping.
Mine would be a dropbox, this time. Attorney mentioned visa officers would look in the PMS system for validity, etc for stamping.
Attorney didn’t file for i824 saying it’s not needed and it’s 8+ month time period for receiving the duplicate copy of i797A.
Kindly suggest if this is close to what anyone experienced.

Thank you, in Advance.

2

Do you have a new H1B i94 attached to i797C?

3

Hello @anil_am22

Yes, the i797C had validity dates.

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4

I94 and validity dates are two different things.

You need to ask your attorney about the new extended i94.

5

Thank you, Anil.
They mentioned i94 is the same as the ones in i797C.
How would attorneys know the i94 dates when they didn’t receive the i797A (neither email nor physical copy) ?
is there a way to find out what the dates are from elsewhere (online, USCIS portals, etc)?

6

[ UPDATE ] :
If i797A is available, please use that. Mine was the case where I didn’t have ‘i797-A’ so had to use the C document.

Visa stamping – no issues, just provided my current i797C, previous i797A and employment verification letter as supporting documents.

Immigration / Port-of-entry – (may vary at different airports); no supporting documents asked, just stamped visa.

1 Like
7

You must request I-797A/I-797B . They will reject your visa stamp

8

This sounds scary. Would you be able to kindly elaborate on the visa-stamp-rejection ?

9

Hi,I am in the same situation, i have I797C,but not I797A, and also received my H4 EAD. Planning to travel and get my stamping. do you encounter problem.

10

Mine was in 2023, I didn’t have any issues getting my visa stamped (dropbox).
Situations may have changed with new administration and in-person interviews.
Your company attorneys are the best people to answer these kind of questions, as they work in the best interest of you / your company; and can provide updated information.
In my case, my company attorneys were absolutely sure that there won’t be an issue and I can go with my i797C; they provided supporting documentation as well (General letter and instructions, LCA, i-129, etc)
After you consult your attorneys, Optionally, get advise from external counsel on current situations, just as second opinion.