H1B stamping(new) with I797C (courtesy copy only)

[rahul_90]

Hi,
I was on L1-B from xyz company and company B applied for my L1 to H1 transfer.
While the visa approval was under process I had to travel back to India.
Now I am in India and need to go for H1 stamping(approved while I was in India). My new employer never received I797 A for my case and has sent me only the courtesy copy I797 C.
As getting a new I797A can take 3 or more months, my new employer is asking to go for stamping interview with I 797C only. The attorney says tell the VO that the I797A was not received at all.

Is it advisable or more over can I even go to Delhi consulate for stamping with I797 C?
Any alternative?

Kindly help as I am in a fix and my interview is scheduled for 27th Jan 2012.

regards
Rahul

[shervin143]

You need I-797A/B for the visa stamping. However, in your case since you did not receive the original approval notice, just try with I-797C. The worst case is the consulate might take a little additional time to review your petition and issue you the visa. Applying for duplicate copy of the approval notice will take several months.

[rahul_90]

Thanks a lot Shervin.
I was worried that they won't even allow me to take the interview.
For others benefit this is what I found out:-
for till Oct 2011 USCIS had changed some policies in which the original i797A was not sent to the lawyer which was the policy earlier instead being sent directly to the employer.
This resulted in a lot of approval notices being lost or not received. USCIS has changed the policy now as earlier in Nov 2011.
Also with PIMS in place for long now, it is easier to verify petition approval for US consulate.

Hopefully I will get my visa stamping done. Will update accordingly.

Regards
Rahul

[rahul_90]

FYI..
Got my visa approved with no questioning about courtesy copy !


regards
rahul

[tonyboysmith]

H1B Visa Interview with I 797 C

Hi rahul_90,
I am in a similar situation like yours. I moved from Company A to B in Jun 2011.
I got my H1 transfer approved and got an I 797 C from my attorney. Both my attorney as well as my employer have told me that they do not have an I 797 A. My previous employers all provided me I 797 A. The only difference between both the approval notice is the letter 'A' and 'C'. All other information like approval, validity, receipt dates, Case Type, Petitioner, Receipt etc ... are similar for both my old I 797 As and the current I 797 C.
I am leaving to India in a few days for a couple of weeks and my visa interview is scheduled on Aug 28th.
You have mentioned that you got your visa approved.
Could you please clarify whether there were any issues/questions regarding the I 797 C from the CO or any delays in getting your visa [Passport] as shervin143 mentioned.

I am little worried about this, any help would be appreciated.
Thanks in Advance.

[rkd]

I 797c

Hi rahul_90,
I am in a similar situation like yours. I moved from Company A to B in Jun 2011.
I got my H1 transfer approved and got an I 797 C from my attorney. Both my attorney as well as my employer have told me that they do not have an I 797 A. My previous employers all provided me I 797 A. The only difference between both the approval notice is the letter 'A' and 'C'. All other information like approval, validity, receipt dates, Case Type, Petitioner, Receipt etc ... are similar for both my old I 797 As and the current I 797 C.
I am leaving to India in a few days for a couple of weeks and my visa interview is scheduled on Aug 28th.
You have mentioned that you got your visa approved.
Could you please clarify whether there were any issues/questions regarding the I 797 C from the CO or any delays in getting your visa [Passport] as shervin143 mentioned.

I am little worried about this, any help would be appreciated.
Thanks in Advance.

Hello friend,

I just have I797C, Notice of Action. My employer received this as a RECEIPT when they had sent my I129 petition for extension of my H1. I would like to you whether you also got I797C as a RECEIPT notice? Did you get your visa using just I797C?

Thank you so much for the information.

RK