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I-797A for H1 and H4 visa

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  • I-797A for H1 and H4 visa

    I'm in the USA now with my H-1 effective this October and my wife, who is not in the USA, will apply H-4 visa in her home country and join me at the end of the year. Also I might go back to my home country next year for vacation and thus I want to make sure I have the correct information regarding H-1 and H-4 visa application.

    I have some ambiguities here regarding I-797A. I heard some people said the original copy is needed for visa application while some people say no. What I have on hand is the photocopy of the upper portion and the original copy of lower portion. On the I-797A, it says that my petitioner will hold the original of upper portion and I should have the original lower portion. I am planning to send my wife the photocopies of both upper and lower portion of I-797A. Will the photocopied I-797A be accepted in H-4 visa application?

    And for myself, I will apply for H-1 visa stamp in my home country once I leave the USA for vacation. Do I need the original upper + original lower portion of I-797A, or photocopy upper + original lower will do?

    I appreciate your help, thanks a lot.
    Last edited by lkeanmun; 07-13-2009, 05:44 PM.

  • #2
    I went through some of the posts and many people seem to have the original copy of I-797A (I guess they have the original upper and lower). But is it legal for beneficiary to take the original upper since it's clearly stated on I-797A that petitioner should take it?

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    • #3
      Originally posted by lkeanmun View Post
      I went through some of the posts and many people seem to have the original copy of I-797A (I guess they have the original upper and lower). But is it legal for beneficiary to take the original upper since it's clearly stated on I-797A that petitioner should take it?
      It is legal and you definitely need it.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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