i 797 question

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mraman010311

Registered Users (C)
Hello fellow travellars, on my I 797, there is a certain code of the immigration law, as I am out of town and can't remember what it was, just wondering if any one in this site can shed a light about that code.
After I get home, I will write what that code was, think it starts with INA then bunch of numbers . Thank you
 
Hello namecheckvictim
I posted this question just out of curiosity, found the answers on a sticky.
on the biometrics/ASC appointment letter there is a code . My code says 3, it means fingerprint and picture for both 485 and 765.
On notice of action preference classification : 201 B INA SPOUSE OF USC
WHAT DOES 201 B INA STANDS FOR?

hopefully your answer will help somebody. After I reach my destination, I would love to write a thread with my experience, so the answer will help me too
Thank you and Good luck to us all
 
INA section 201(b) refers to aliens not subject to direct numerical limitations. That group includes children, spouses, and parents of a citizen of the United States.

As you are a U.S. citizen, your spouse is included in those aliens described in Section 201(b) of the Act. USCIS informed you that he/she could not adjust status unless he/she is eligible for immigrant status pursuant to section 201(b), which he/she is. I, too received the INA section 201(b) mentioned on the I-797's for my wife.

HTH
 
Question regarding I-797 and I-94

Hello,

I have a current I-797 valid till Feb., 2013 (have a visa stamped till that date in my passport too). Last month I got a new I-797 starting from Feb., 2013 valid till Feb 2016.

I was traveling outside of US last week and on my return got a new I-94. The officer only checked my H1-B visa (valid till Feb 2013) on my passport and put a date of Feb 2013 on my new I-94. Should I have corrected/ shown my new I-797 and had the officer put the new Feb 2016 date on the I-94? But my immigration counsel told me today that I should have got a Feb., 2016 date. Now, they will have to submit an extension of my h status. I don't understand what this means.

I don't plan to travel abroad between now and February 2013 and after that date when I go out of the country I have to get a visa stamped based on my new I-797 regardless.

Can someone please share some insight/ comments.

Thanks!
 
Since you do not plan to travel outside again, request a corrected I-94 DIRECTLY from CBP at any international airport for no additional fee. It was the error of the officer who issued the I-94. USCIS does NOT issue corrections on I-94.

http://www.visaforms.com/ext/i94correction.pdf

http://www.immihelp.com/visas/correct-i94-errors.html

Cheers!

Dash_b said:
Hello,

I have a current I-797 valid till Feb., 2013 (have a visa stamped till that date in my passport too). Last month I got a new I-797 starting from Feb., 2013 valid till Feb 2016.

I was traveling outside of US last week and on my return got a new I-94. The officer only checked my H1-B visa (valid till Feb 2013) on my passport and put a date of Feb 2013 on my new I-94. Should I have corrected/ shown my new I-797 and had the officer put the new Feb 2016 date on the I-94? But my immigration counsel told me today that I should have got a Feb., 2016 date. Now, they will have to submit an extension of my h status. I don't understand what this means.

I don't plan to travel abroad between now and February 2013 and after that date when I go out of the country I have to get a visa stamped based on my new I-797 regardless.

Can someone please share some insight/ comments.

Thanks!
Click to expand...
 
The new H1B approval should have an I-94 in the lower right corner, valid until Feb 2016. That should make it legal for you to stay until Feb 2016 ... but I don't know if that one is now disregarded because you traveled; going only by the new I-94 you got at the port of entry, you're supposed to leave the US by Feb 2016.

I guess you just have to let them apply for the extension or I-94 correction, as this is an unusual situation that could be interpreted in different ways if you don't do anything.
 
Thanks for the replies!

I don't understand though why the new I-797 dates would matter. I-94 is only and entry and exit card, right? If I had not taken this vacation, or if my new I-797 was in mail by the time I left for this vacation, then my I-94 would have shown only Feb 2013 dates regardless.
 
Chief, the I-94 is the final authority that shows how long you are supposed to stay legally in this country irrespective of the duration indicated on the underlying I-797.

Take our word for it, you do not want to fall afoul of the date on your I-94. It is just like when you get a visitors visa, you can get a 10000 year visa however try staying here for ten years and see how it ends for you. Trying to argue with USCIS is an exercise in futility. Even American citizens have previously been wrongfully deported lol!

http://www.fiercehomelandsecurity.c...en-settles-case-federal-government/2012-10-12

Cheers!
 
Last edited by a moderator:
Thanks, ananga73! I'll get in touch with my legal counsel to resolve this right away. I wanted to make sure i did the homework and understood the issue.

I understand that I-94 is the final authority, but say I left for traveling outside of US in Eu in the last week of Sept. and while I was gone I received my new i-797 starting next yr (Feb 2013-2016), then I am not even carrying my new I-797 with me. So, my new I-94 would have dates based on my current I-797 only (till Feb. 2013).

I am trying to understand- what if I had not taken this trip, then my current I-94 would have had a validity date only till Feb 2013, even though i have a new I-797 with dates of Feb 2013 - 2016. What happens in such a case?

Appreciate your responses, I will follow-up with my legal counsel also to ensure that this issue is taken care of right away.

Thanks!
 
See responses in blue. You are over thinking. Live in the moment. Leave the what if's to the attorneys and legal experts.

Dash_b said:
Thanks, ananga73!

I understand that I-94 is the final authority, but say I left for traveling outside of US in Eu in the last week of Sept. and while I was gone I received my new i-797 starting next yr (Feb 2013-2016), then I am not even carrying my new I-797 with me. So, my new I-94 would have dates based on my current I-797 only (till Feb. 2013). YES

I am trying to understand- what if I had not taken this trip, then my current I-94 would have had a validity date only till Feb 2013, even though i have a new I-797 with dates of Feb 2013 - 2016. NO. The I-797 comes with a new attached I-94 which would then supersede the old one

What happens in such a case? Nothing bad. See previous sentence

Appreciate your responses, I will follow-up with my legal counsel also to ensure that this issue is taken care of right away.

Thanks!
Click to expand...
 
haha ...Thanks, Ananga73! Overthinking? ... no this is normal! I contacted my attorney, so hopefully they will take care of the issue appropriately!

Thanks for your responses!
 
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