I-797A and I-797B: Are both requried for H1 holders?

T

tonymj80

Registered Users (C)
Hi All
I had a query regarding the I-797 for H1B holders. When I first came to the US, I had an I-797B attached to my passport and with this I was issued an H1B visa by the US Embassy at New Delhi. A few weeks ago I left my earlier company and joined a new company. My new company transferred my H1 using the premium processing option.

Today the lawyer received the original I-797A which also contained the new I-94 since a visa extension was also filed along with the H1 transfer. But I did not receive an I-797B and also it is mentioned in the I-797A that the I-797A should remain with the employer and not the employee. The I-797A also stated that in order to apply for a new visa or apply for reentry into the United States, the lower left stub of the I-797A (which contains the Receipt number, name of the employee, name of the company and approved dates etc.) would suffice. However the US Embassy at New Delhi says that in order to get a new visa issued, the original I-797 is required. So I am confused since the I-797A is saying something completely different what the US Embassy in India is saying and it is specifically mentioned in the I-797A that the employer and not the employee must retain the I-797A. I am planning a trip to India in a few months and I have taken an appointment at the US Embassy for my new H1B visa (my trip will be after my current visa expires) and I am wondering if I will get my new visa if I do not have the original I-797A or I-797B in hand at the time of the interview (at any rate the I-797A should in the posession of the employer and hence I cannot take the same with me)?

Please advise as to whether I am supposed to receive the original I-797B and attach this with my passport or if the lower left stub of the I-797A would suffice for the purpose of applying for a visa at US Embassy in New Delhi or when applying for re-entry into the United States?

Thanks.
 
I-94 stub attached at bottom comes only with I-797A. You should receive either of I797A or I797B, Not both.
To apply for visa, you have to take original I797A or I797B whichever you have.
 
Hi
Thanks for your response. Thanks for confirming that only one of the two (I-797A or I-797B) will be issued.

But there is one question that I need answered and I was hoping that either you or someone on this forum can help in this regard. The I-797A says two things:

(a). The I-797A should be in the posession of the employer or petitioner. The lower portion of the I-797A (left stub which summarizes the petition details and the right stub which is the new I-94) should be given to the employee.

(b). The I-797A says that the lower left stub which contains the petition details should be enough when applying for reentry into the US or when applying for a new visa at a US embassy or consulate abroad.

However when I applied for my visa stamping date at the US Embassy at New Delhi, it was mentioned very clearly that one of the required documents for issuance of a visa is the original I-797.

Now my remaining query is that if the employer has to keep the original I-797A (as mentioned in point (a) above) and the US Embassy, New Delhi is insisting on the original I-797, then would the original I-797A lower left stub and a copy of the complete I-797A suffice for issuance of a visa at the US Embassy at New Delhi. Or do I need to have the complete original I-797A with me at the time of my visa stamping Or is the lower left stub of the complete I-797A considered to be as good as the complete I-797A as far visa stamping or reentry into the US is concerned.

Thanks.
 
Last edited by a moderator:
tonymj80 said:
Now my remaining query is that if the employer has to keep the original I-797A (as mentioned in point (a) above) and the US Embassy, New Delhi is insisting on the original I-797, then would the original I-797A lower left stub and a copy of the complete I-797A suffice for issuance of a visa at the US Embassy at New Delhi. Or do I need to have the complete original I-797A with me at the time of my visa stamping Or is the lower left stub of the complete I-797A considered to be as good as the complete I-797A as far visa stamping or reentry into the US is concerned.

Thanks.
Click to expand...
You need whole I-797A, not only left bottom part. Right bottom stub(I-94) may be missing when you apply for visa if you hand I-94 stub over to airline official upon departure, but that shouldn't be a problem.
 
You should receive either of I797A or I797B and not both. To apply for visa, you have to take original I797A or I797B whichever you have.
 
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