is 797 required for stamping/re-entry

[karadi]

hi all,

My wife is currently in the US on H4. Her application for change of status to L1 was approved 3 months back (as seen online at USCIS website) but the lawyers haven't received i797 approval notice. When we contacted USCIS after waiting for the period they recommended, they mentioned that it was sent but since we didn't receive it, we could apply for a re-issuance via. i-824. We are doing that but looks like the processing time for i-824 is about 5-11 months.

We have an upcoming travel to india in a couple of months that cannot be avoided. Questions:
- is i-797 needed for L1 stamping @ chennai?
- what docs are needed in place of i-797 if we can still go for stamping?
- what about re-entry (assuming we don't have i-797 until then)?

has anyone gone through the same scenario?

-hari

[Libra_14]

- is i-797 needed for L1 stamping @ chennai?

Yes - assuming its an individual petition.

- what docs are needed in place of i-797 if we can still go for stamping?

No substitute.

- what about re-entry (assuming we don't have i-797 until then)?

She can still use her H4 (if valid) & re-enter on H4 status. then file again for COS to L1.

[karadi]

Thanks libra_14.

Yes - assuming its an individual petition.

Yes..it is an individual petition.

She can still use her H4 (if valid) & re-enter on H4 status. then file again for COS to L1.

H4 will have valid dates..but that also needs stamping (since we have not traveled since last extension).
-i wasn't aware that h4 can still be used given l1 is approved. If we do appear for h4 stamping..would it not be a problem since she has both approved now? Same for re-entry.
-applying for cos...is it different from applying for l1 with cos? As in..can it be done for a previously approved visa but not used for entry?

[karadi]

Also, if she goes to India and gets h4 stamping/re-enters with h4, is her h4 ead still valid for her to continue working (until we get cos to l1 completed after she re-enters)?

[Libra_14]

H4 will have valid dates..but that also needs stamping (since we have not traveled since last extension).

Then get H4 stamped - it will be easy & safe.

-i wasn't aware that h4 can still be used given l1 is approved. If we do appear for h4 stamping..would it not be a problem since she has both approved now? Same for re-entry.

One can have multiple non-immigrant visas at one time & you can choose which visa you want to use at the time of POE. I've B1 & L1 visa both, each time I enter USA the officer asks me which visa I want to use.

-applying for cos...is it different from applying for l1 with cos? As in..can it be done for a previously approved visa but not used for entry?

Sorry, Can you please re-elaborate your question.

- - - Updated - - -

Also, if she goes to India and gets h4 stamping/re-enters with h4, is her h4 ead still valid for her to continue working (until we get cos to l1 completed after she re-enters)?

Yes, it will be valid - assuming it is not expired.

[karadi]

Sorry, Can you please re-elaborate your question.

I was trying to ask if applying for cos to L1 after entry with h4 is a complex procedure like i129 petition?

Also, I was doing some research and ustraveldocs seems to be indicating that i797 is actually not required for visa interview (actually the webpage provides contradicting messages, but if I understand correctly, i797 is not needed): http://www.ustraveldocs.com/in/in-niv-typework.asp

>>Paper copies of the I-797 are not required at the interview.

Maybe they no longer need i797?