H-1B visa interview, original I-797 top or bottom ?

[pd_2004]

Hi,

I work at a university and will be going to Canada to get my H-1B visa stamped for the first time. I know from reading past posts in this website and elsewhere that we need to take the original I-797 for the visa interview. My university lawyer says that I do not need the top portion of the I-797. They say that just the bottom half of I-797 (which includes I-94 and the other half that says "Alien's Permanent Record") and a copy of the whole (top & bottom) I-797 is enough, and that they cannot give the top half of I-797.

I have told them three times that I need the whole I-797, and they give the same response. So I want to make sure I understand correctly...don't we need the original I-797 in whole (i.e., the top portion also)? Or is just the bottom half enough ?

Please let me know.
Thanks,
pd

 

[kcsurfer]

I actually have the same question so if someone knowledgeable could respond to it, that would be great.

Hi,

I work at a university and will be going to Canada to get my H-1B visa stamped for the first time. I know from reading past posts in this website and elsewhere that we need to take the original I-797 for the visa interview. My university lawyer says that I do not need the top portion of the I-797. They say that just the bottom half of I-797 (which includes I-94 and the other half that says "Alien's Permanent Record") and a copy of the whole (top & bottom) I-797 is enough, and that they cannot give the top half of I-797.

I have told them three times that I need the whole I-797, and they give the same response. So I want to make sure I understand correctly...don't we need the original I-797 in whole (i.e., the top portion also)? Or is just the bottom half enough ?

Please let me know.
Thanks,
pd

 

[ginnu]

Hi,

I work at a university and will be going to Canada to get my H-1B visa stamped for the first time. I know from reading past posts in this website and elsewhere that we need to take the original I-797 for the visa interview. My university lawyer says that I do not need the top portion of the I-797. They say that just the bottom half of I-797 (which includes I-94 and the other half that says "Alien's Permanent Record") and a copy of the whole (top & bottom) I-797 is enough, and that they cannot give the top half of I-797.

I have told them three times that I need the whole I-797, and they give the same response. So I want to make sure I understand correctly...don't we need the original I-797 in whole (i.e., the top portion also)? Or is just the bottom half enough ?

Please let me know.
Thanks,
pd

You should call US consulate in Canada where you are going for Visa stamping


FYI the US consulate Mumbai India has list of documents:

If you are applying for an H1-B or L1 visa, you need to present:


All the required documents for any nonimmigrant visa
I-797 -- the original notice of approval
The complete petition submitted by your prospective employer including the Labor Condition Application (LCA – not applicable to L1 applicants) and the I-129
The originals of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required)
Your work experience letters from your previous employers
One set of photocopy of all the above documents
Letter from petitioning employer confirming employer's intent to hire the applicant
L visa applicants must provide a letter from their employer stating how long they have worked for the company
Pay stubs from current or most recent place of employment
The Consulate will not accept documents received directly from the company by mail or fax. If confidentiality is of concern, the applicant should bring the documents to his or her interview at the Consulate.

 

[pd_2004]

thanks for the response ginnu. kcsurfer, the answer is that we do need the "complete" (i.e., including the top portion) I-797 in original. I am going to Ottawa for my visa interview. The Ottawa website does say that we need the "whole" I-797 in original. However, the university lawyer was not willing to budge. However, after repeated emails, the lawyer called the Ottawa embassy directly, who mentioned that they will "demand to see the original I-797 in full". I understand the lawyer's perspective...they are required by USCIS to retain the top portion at all times as proof of legal authorized employment of an alien. USCIS infact advised the University's lawyer that they should not give out the top portion of I-797, when the lawyer called them after my repeated requests. However the US Dept of State that deals with visa issuances apparently want to see the full I-797 in original regardless of what the USCIS says. So finally after talking to the embassy directly, the lawyer was willing to adjust with a note that said that I should return it back immediately after my visa interview.
-pd

 

[kcsurfer]

Thanks pd_2004. Yes, this has been bothering for me for quite some time. Many have told me that the embassies need the I-797 approval (which I believe is the whole page) while on the I-797 page itself it reads that you will need the bottom portion only and asks the petitioner to keep the top portion. The Petitioner obviously would be the Employer or the University (in your case). So, this is quite confusing to what exactly needs to be kept by the employer or the lawyer.

thanks for the response ginnu. kcsurfer, the answer is that we do need the "complete" (i.e., including the top portion) I-797 in original. I am going to Ottawa for my visa interview. The Ottawa website does say that we need the "whole" I-797 in original. However, the university lawyer was not willing to budge. However, after repeated emails, the lawyer called the Ottawa embassy directly, who mentioned that they will "demand to see the original I-797 in full". I understand the lawyer's perspective...they are required by USCIS to retain the top portion at all times as proof of legal authorized employment of an alien. USCIS infact advised the University's lawyer that they should not give out the top portion of I-797, when the lawyer called them after my repeated requests. However the US Dept of State that deals with visa issuances apparently want to see the full I-797 in original regardless of what the USCIS says. So finally after talking to the embassy directly, the lawyer was willing to adjust with a note that said that I should return it back immediately after my visa interview.
-pd