Travel to India - Confusion

[sathsy]

Guys,

I have my visa valid till Aug 2010.

I changed employer and got the new I797 with the I94

I am travelling to India in feb for a month.

I understand I do not need a visa stamping again.

I have a copy of the I797 approved (no original) and the original I94.

My immigration lawyer seems to think I need the original at the POE.

I am planning to take my w2, all pay stubs till date.

I spoke to the company HR and they seem to still search for the I797 original.

Do you think I am running into a risk not having the original I797.

[OMM]

Guys,

I have my visa valid till Aug 2010.

I changed employer and got the new I797 with the I94

I am travelling to India in feb for a month.

I understand I do not need a visa stamping again.

I have a copy of the I797 approved (no original) and the original I94.

My immigration lawyer seems to think I need the original at the POE.

I am planning to take my w2, all pay stubs till date.

I spoke to the company HR and they seem to still search for the I797 original.

Do you think I am running into a risk not having the original I797.

-- Yes.. and remember you need Original I797.
-- OMM

[sathsy]

txh1b, any thoughts?

[abhayg4]

Hi,

At POE , there is no requirement list which is out there which says that I-797 original is required and photocopy will not do.
But it is DEFINITELY a RISK of not showing the ORIGINAL I-797 at POE , if officer asked for it.It totally depends that how you convince him/her that your Job is geniuine/you are working for a new employer (and not the one for which Visa is stamped).

So , if your I-797 is LOST , then you SHOULD apply for the Duplicate and as you are going in FEB , still 4 months to go ,maybe you will get the Duplicate before that (I am not sure that Premium Processing is there for the issue of Duplicate , if it is there go for it and you will get it before FEB) and if you do not get the duplicate before FEB then at POE - you can show/tell the officer that original is LOST and you have applied for the duplicate (for which you can show the original I-797C - Receipt which you get when you will apply for DUPLICATE) along with the I-797 Photocopy , company letter explaining the situtation

But again I say it MAY create problems at POE withiout original I-797 .
Other users can posts their experience who have entered with Photocopy.

Thanks and Regards,
Abhay

[txh1b]

My 2 cents...


Carry original I797 if at all possible at all times...If not...

- First time entry, better carry the original I797 for sure.
- Visa from a different employer and working for a new one, better carry original I797.
- If employer on visa and I797 are the same, a photocopy is fine.

In general, at POE, a photocopy will work but like already posted, original is a safe bet.

I have entered using a photocopy once in the past and the IO did not ask for the I797 or the photocopy and went by the visa.