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Can I enter US by showing a photocopy of I797 as per the clause 8 CFR 214.2(h)(18)
I’m impacted by layoffs, 60 days grace period ends by May 30 2023. My H1B stamping is valid till March 2025. My new employer's H1B petioin is approved on May 2nd 2023. I still have not received my original I-797 and since I have a family emergency now, I have to travel to India so I have moved the start date moved to May 30th 2023.
I am planning to come back on May 29th 2023, is the clause 8 CFR 214.2(h)(18) valid, can I enter US with a photocopy of I-797 approval? Please advise. Below is the clause 8 CFR 214.2(h)(18) for your reference
(18) Use of approval notice, Form I–797. The service shall notify the petitioner on form I–797 whenever a visa petition, an extension of a visa petition, or an alien's extension of stay is approved under the H classification. The beneficiary of an H petition who does not require a nonimmigrant visa may present a copy of the approval notice at a port of entry to facilitate entry into the United States. A beneficiary who is required to present a visa for admission and whose visa will have expired before the date of his or her intended return may use a copy of Form I–797 to apply for a new or revalidated visa during the validity period of the petition. The copy of Form I–797 shall be retained by the beneficiary and presented during the validity of the petition when reentering the United States to resume the same employment with the same petition.
I am planning to come back on May 29th 2023, is the clause 8 CFR 214.2(h)(18) valid, can I enter US with a photocopy of I-797 approval? Please advise. Below is the clause 8 CFR 214.2(h)(18) for your reference
(18) Use of approval notice, Form I–797. The service shall notify the petitioner on form I–797 whenever a visa petition, an extension of a visa petition, or an alien's extension of stay is approved under the H classification. The beneficiary of an H petition who does not require a nonimmigrant visa may present a copy of the approval notice at a port of entry to facilitate entry into the United States. A beneficiary who is required to present a visa for admission and whose visa will have expired before the date of his or her intended return may use a copy of Form I–797 to apply for a new or revalidated visa during the validity period of the petition. The copy of Form I–797 shall be retained by the beneficiary and presented during the validity of the petition when reentering the United States to resume the same employment with the same petition.
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