Filed I-129 waiting for 797 approval notice.... Questions?

B

bpatterson

Registered Users (C)
Hello,

I have posted before regarding my situation. I thank you for the previous help, however I now have another question or two.

I am a Canadian who has been offered a position in the US. I have a relevent degree and work experience. Early in August I was told by my Immagration attorney in the US, to cross the border and ask for a I-94. I also had a letter from the potential employer to show them stating that they were going to do the relevent paperwork and fees to obtain my work visa.

I went to the POE and did exactly as I was told only they denied my access and told me that I had to have my I-129 approval. I returned to Canada and my attorney told me that I should have been given a I-94 and let in to the country.

I returned to Canada and my attorney tried to speak with someone at the POE about letting me in. She was unable to resolve the matter, so decided to file a I-129 in the meantime. The I-129 paperwork was recieved by the Vermont center August 19th. My attorney told me we should recieve a I-129 approval notice or 797 within 10 days. After we recieve to approval Ill then be allowed into the US.

I have now waited over 10 bus days and have heard nothing back. I tried to call and speak to someone at USCIS, but was told they would only look into things if I had not recieved anything after 30 days.

My attorney then called me this week and said that the the USCIS website shows that I-129 are backlogged by about 15 days (mine was recieved August 19th), and are just now filing the cases recieved Aug. 5th. I then looked at the page she got the info from and it actually said Aug. 5th/ 2007.... I have had 2 different I-129's since Aug. 5th/07, so knew this was a site that hasn't been updaed. However now I get the feeling that my attorney doesn't have a clue as to what is going on.

The company I will be working for is starting to get rattled that I am not there, so I dont know if there is anyway I can check on my case. I'm also getting a bit rattled and now dont really know if my attorney knows what she is talking about.

My questions..

How long should one expect to wait for my approval notice or 797?

Based on my story do you think I should have been allowed into the US?

Has my attorney told me the correct information?
 
From what I have been told she has filed everything I will need for my work permit. The only thing I need at this point is the approval notice so I can cross the border.

Yes I do believe that is the Visa we are trying to obtain.

Thanks
 
Thanks for your responses. Ill let you know what happens as I cross..

By chance would you know of any number, or contact email that I can use to check on when I should expect to get my approval notice?

Thanks
 
I have looked at the processing times at the Vermont Center. It is showing that cases from back in June are just now being finished up.

I understand I will not actually have my I-129 for a few months, however should I not be expecting my approval notice sooner than that?

Thanks again
 
What is the difference between your approval notice and the I-129? If and when it is approved, your will get an approval notice.

bpatterson said:
I understand I will not actually have my I-129 for a few months, however should I not be expecting my approval notice sooner than that?
Click to expand...
 
To my understanding when filing a I-129,

You will first recieve a I-797 which is basically an approval notice. This will allow you to cross the border, as it is proof that your I-129 is being processed. Your actual I-129 will take longer to finally process, but having a I-797 approval will allow you to enter the USA.....
 
I-797c is a notice of action. It is not an approval notice.

bpatterson said:
To my understanding when filing a I-129,

You will first recieve a I-797 which is basically an approval notice. This will allow you to cross the border, as it is proof that your I-129 is being processed. Your actual I-129 will take longer to finally process, but having a I-797 approval will allow you to enter the USA.....
Click to expand...
 
You must log in or register to reply here.
Top