Is original I-797 needed for I-140 & I-485

D

DY1972

Registered Users (C)
Hi, I just got married and my wife needs my original I-797 for applying a H-4 visa. I heard there maybe a background check for H-4 applicants and it could take up to 3-5 months. what if the US embassy take away my original I-797 for a background check, then when I start filing I-140 & I-485, my original I-797 is still at US embassy. So I really need to know if my original I-797 is needed for filing I-140 & I-485. Any info is helpful, thank you in advance.....

DY
 
I sent a copy of i-797 instead of the original.
As a matter of fact I sent a color copy and of course stated that as a copy.
There was no problem. This was more than a year ago.
 
Hi DY1972,

Have u contacted USA embasy and asked what are the document needed ? i concted mumbai consulate last year, and they are very fast replying email.

Anyway I think they might needed your I-797 orginal, but I don't think they will keep your orginal with them for several week. I don't know where u heard background check takes 3-4 months, becuase usually for your wife if she comming on h4, they don't neeed to do backgound check. usually backgound check is for men age from 16 to .. some age. not for women. so don't worry.

and in I-140 or I-485 you don't need orginal copy of anything except I-140 and LC any point of time except if they issue REF speciafically for orginal copy. so keep sufficicant copy and send orginal to your wife. in addtion, some embasy reqired to have spouse name on the h4 applicant passport so check that out also.

Good luck

JB
 
If you read the text on the approval notice, the employer is directed to keep the top portion. How could the consulate reasonably require an original document from an H-4 applicant, when the employer is required to keep the document and that requirement is stated on the document itself?
 
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