Query regarding H1B stamping

[naman80]

Hi There,
I have a query regarding H1B stamping.Iam currently on my 4 th year of the H1. I had priviously got my stamping done from india and will have to get it done the second time. I have got the H1B extension approved.

The issue this time is i don't have the original copy I797 in my hand. I was told by my employer that the copy was lost in mail and they have applied for the duplicate copy, i have checked the status online and it says an duplicate notice was send on Aug8. Nevertheless my employer has given me a xerox of the original document which has the right extension period.

I have to make a trip to india on a short notice, because of father's health, can i proceed for my stamping with the duplicate copy? Are there any additional document from my side or from my employer that can help with my case?

Thanks a lot for your help.

--
Naman

[txh1b]

Carry proof that the duplicate was applied and the health documents for your Dad. As the consulates require original I797, they might make an exception due to the fact that the petitions can be verified in PIMS now. But, you would be risking it if the consulate wants the original.

Carry the attorney/employer's courtesy copy which looks similar to an original and a letter from the attorney.

I am not sure why it would get lost so many times. I am guessing your employer is playing some game. If it was lost in the mail, how did he get a copy of it?

[abhayg4]

Hi,

I am just sharing my experience......
I also faced the same situtation for my spouse H4 visa - as the original
I-797A was lost.
But ur case is for H1 so there will be more scrutiny.

For my wife -
(a)I had given the I-824 (Form which is applied for the Duplicate copy)
(b) Employer's courtsey copy - I797C - if u can get this - then it is GREAT!!!!
(c) Photcopy of original I-797A
(d) Photcopy of the Extended I-94
(e) As mentioned by txhb1 - letter from attorney and health docs - to suppport ur statement
(f) and also don;t forget to take I-129 and LCA from ur employer- I mean just check the list of docs required from ur Employer in immihelp.

For my wife - they just asked for the I-797 original but my wife gave them the courtsey copy and said that original one is lost and she gave the photocopy of the Original -I797. They kept the coutsey copy -I think for PIMS verification and then visa was granted to her after 2-3 days.

So I think if u can prepare the above list - then ur case should be considered with PIMS verification now.

BEST OF LUCK....

---Abhay


This message is for txhb1 - How can you get time to reply to so many queries/questions ... ...we are really grateful to you and other senior members for it ..please keep it up...

[txh1b]

This message is for txhb1 - How can you get time to reply to so many queries/questions ... ...we are really grateful to you and other senior members for it ..please keep it up...

Thanks. I just have an itch to help others as I have had to do so much research for my own immigration from F1 many years ago. There were not many resources at that time as available now on the internet.

[naman80]

Thanks txh1b and abhay for the input. That really helped.
Also i have contacted the American Embasy in india regarding the same and they have asked to produce I129 and LCA along with the copy of I797A.

--
Naman