Tweet
Hello -
One of my friends filed for H1B extension for him and dependents (spouse and 6 years son) in Aug 2017 and got the approvals in Feb 2018 with I94 expiry on April 7, 2019. He is in process now to convert H1B visa to L1A since his role has changed to managerial and planning to visit Mexico for L1A stamping. While doing the documentation, he figured out that he received I797 approval notice for self and his spouse but not for 6 years old. Since, their US visa is expired on 31st Dec, 2017 they need to apply for Mexico visa to visit Mexico for visa stampiing. Mexican consulate denied visitor visa for their son since they do not have I797 approval notice for him. He contacted his attorney and they confirmed that they have not received the I797 approval notice for their son from USCIS but they have shared the receipt notice which has his both dependents (spouse and kid) details. His attorney has raised a request with USCIS to get the I797 approval notice for his son which is expected by 28th Mar, 2019. It will be too late for him to get the approval notice since his maximum physical stay is 7th April, 2019 before which he needs to get his L1A visa stamping done.
Question - Can he visit local USCIS office and tell them about this scenario and request them to update I94 online so that he can show the same to Mexican consulate for the visa for his son? Would there be any problem as he does not have any document to prove legal stay of his son here in US since 1st Jan, 2018?
Thanks
One of my friends filed for H1B extension for him and dependents (spouse and 6 years son) in Aug 2017 and got the approvals in Feb 2018 with I94 expiry on April 7, 2019. He is in process now to convert H1B visa to L1A since his role has changed to managerial and planning to visit Mexico for L1A stamping. While doing the documentation, he figured out that he received I797 approval notice for self and his spouse but not for 6 years old. Since, their US visa is expired on 31st Dec, 2017 they need to apply for Mexico visa to visit Mexico for visa stampiing. Mexican consulate denied visitor visa for their son since they do not have I797 approval notice for him. He contacted his attorney and they confirmed that they have not received the I797 approval notice for their son from USCIS but they have shared the receipt notice which has his both dependents (spouse and kid) details. His attorney has raised a request with USCIS to get the I797 approval notice for his son which is expected by 28th Mar, 2019. It will be too late for him to get the approval notice since his maximum physical stay is 7th April, 2019 before which he needs to get his L1A visa stamping done.
Question - Can he visit local USCIS office and tell them about this scenario and request them to update I94 online so that he can show the same to Mexican consulate for the visa for his son? Would there be any problem as he does not have any document to prove legal stay of his son here in US since 1st Jan, 2018?
Thanks
