Can I go to Chennai instead of New Delhi for I-797-B Approval Notice.

P

Phoenixpals

Registered Users (C)
Hi,

I got I-797-B approval notice that does not have new I-94 nor the COS.
It has mentioned the Consulate name as "New Delhi" and it says that "a notification has been sent to the listed consulate (New Delhi)".

In this case can I go to Chennai consulate for my H1-B stamping, even though the Consulate name mentioned in I-797-B is New Delhi.

Whether going to Chennai consulate will have any problem in H1B stamping in this case?

Please advise me. Thanks.!
 
I think you can go to Chennai consulate if you are a returning H1B visa holder. If it is a change of status from H4 to H1, please contact both the consulates before you make an appointment for Visa.
 
Hi,
Thanks for your reply.

Now I am in L1B visa and my H1B employer is same as L1B employer. This would be a visa transfer from L1B to H1B. In this case please let me know whether it is advisable to go to New Delhi or Chennai. (My I-797-B Approval notice says it as New Delhi Consulate).
 
You HAVE to go to the consulate which was notified. If you do not live in Indian states which do not come under New Delhi consulate, the H-1B petition was filed incorrectly.

Bottomline, your I-129 must have mentioned the consulate according to where you live in India and you must go to that consulate. If you go to a different consulate, there is a high probability of appointment rejection (it does not effect H-1B, but you will be asked to go to the correct consulate).
 
Hi John, Thanks for the reply.

Now I am in US in L1B and my employer has filed this H1B and the approval notice (I-797-B) says that "a notification has been sent to the listed consulate (New Delhi)".

In this case can I go to "Chennai" or else I have to go only to "New Delhi".
 
If the notification was sent to the New Delhi consulate, they have your petition information. Other consulates, like Chennai, in this example, might be able to pull it from their systems, however, the problem is that after noticing that New Delhi consulate has been notified, the consular officer can conclude that New Delhi actually has jurisdisction on your case.

You seem to be appearing for H-1B visa first time, so even from that perspective, it is advisable to go to the consulate that USCIS notified of the approval.
 
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