H4 interview with copy of I797

[sivaarc]

I am working in USA from February 2012 in H1B visa and I have applied H4 visa for my family.

I sent only copy of the following documents to my family.
I-797 B
I-129
Pay slips copy from adp

I don't have any W2 forms or tax return since i am working only from February .


Is the copy is enough OR original ( I-797 , I-129 ) documents required for interview?

[shervin143]

Original I-797 is required. I-129 will be a copy. Also, send a copy of your LCA.
https://www.immihelp.com/h4-visa-stamping-documents/

[gkr747]

I am working in USA from February 2012 in H1B visa and I have applied H4 visa for my family.

I sent only copy of the following documents to my family.
I-797 B
I-129
Pay slips copy from adp

I don't have any W2 forms or tax return since i am working only from February .


Is the copy is enough OR original ( I-797 , I-129 ) documents required for interview?

Can u pls share where and when ur family is going for stamping?..my family is also going on 28th

[kaluram]

@shervin143. While they say that the original I797 is required. i'd actually recommend taking a copy since they at times tend to keep the original I797 if an admin processing is given in a H4 case. They very well can make do with the copies as well since they anyway tend to return everything. When they keep the original I797, this creates additional headache for the primary H1B employee. They really don't return it understanding very well that the I797 is important to the primary applicant for travel in and out at times and is asked for at the port of entry. So I'd present a copy to start with. Definitely keep several color copies of all items that you're going to present in original, just in case they force you to present the original and things don't go as per plan. Again that's my personal take based on my experiences, everybody's experience may vary. I sincerely hope that sivaarc family's H4 gets done without any hiccups. Good luck and god speed!

Original I-797 is required. I-129 will be a copy. Also, send a copy of your LCA.
https://www.immihelp.com/h4-visa-stamping-documents/

[gkr747]

@kaluram, actually there are 2 portions at the bottom of the 797..left one is for our original record and proof of extension showing the class, validity dates and petitioner name (everything thats on top portion is present on this part as well)..so as long as you tear this portion off and keep it, then u r good to send the original..the portion that we keep is enough proof even if the top portion is not there..that is why tear the bottom portion for personal use....AND the right bottom portion is ur I-94 record which we have tear anyway before sending the original.

so IMO(also what I am doing) is send the top portion original for H4 and keep the original bottom portion(left and right) for our proof..that should be good enough..as long as u have the bottom left portion original("DETACH THIS HALF FOR PERSONAL RECORDS") then we will not have any issue even if the top portion is not returned.

@Shrevin: please correct me if I am wrong

[shervin143]

I-797 original will always be returned back to the applicant. Even if they keep it with them, you can always request the VO to give it back and they will do that. Going for the visa interview with a copy of I-797 is more like taking a chance. There can be 221g requesting to submit original.

In case of I-797B, there will be no bottom portion. The bottom portion (that includes the I-94) will be available only in I-797A.

[kaluram]

Gotcha...I've had a I797 not returned, so the copy of the original on a good quality paper definitely did come in handy later. What you're saying should be fine, but my 2 cents based on my experience would be keep some good quality copies of the original for sure.

I just not wish I could see some ray of hope at the end of my spouse's case. 1 yr+ of admin processing on a H4 visa. Damn it!! There should be a way to escalate against negligence or free will approach by the processing offices. I just want a damn answer.

[kaluram]

@shervin142 Personally can vouch here that this isn't always true. Have asked back for the I797 several times but with no luck. They just simply ignore. Just glad to have had a copy.

I-797 original will always be returned back to the applicant. Even if they keep it with them, you can always request the VO to give it back and they will do that. Going for the visa interview with a copy of I-797 is more like taking a chance. There can be 221g requesting to submit original.

In case of I-797B, there will be no bottom portion. The bottom portion (that includes the I-94) will be available only in I-797A.

[gkr747]

I-797 original will always be returned back to the applicant. Even if they keep it with them, you can always request the VO to give it back and they will do that. Going for the visa interview with a copy of I-797 is more like taking a chance. There can be 221g requesting to submit original.

In case of I-797B, there will be no bottom portion. The bottom portion (that includes the I-94) will be available only in I-797A.

I have I797A which I have to send to H4 stamping, can I tear off the entire bottom portion from original and keep for my record and just send the top portion original?

[shervin143]

Yes. That is exactly what you should do.

I have I797A which I have to send to H4 stamping, can I tear off the entire bottom portion from original and keep for my record and just send the top portion original?