Original i-797

L

love_immi

Registered Users (C)
Hi,
My new company has filed for my H1 transfer in Dec 2002 and got receipt and approval in March 2003. Which seems pretty normal.

When I asked the employer for the original copy he only gave me
bottom portion of I-797 which is i-94.

AFAIK, INS/BCIS sends out two originals of I-797 one for
employer for his record and other for employee which has I-94 at the bottom. Since this is my fourth H1 and all the past employes
have given me original copy.
When I discussed this issue with my employer he insists that INS
sends only one copy and that has been his experience.
He says that bottom portion of that notice (i-94 ) should be sufficient to get visa stamped at Indian Consulate.

Since my 140 is still pendiing and I am not really in mood of confronting with him.

My question to the users of this site who had H1 transferred in last 6 months have similar experince?

I appreaciate your responses..

Thx
Vijay
 
Your employer is wrong. If you dont get the stamp in the consulate than your I140 is of little use... Ask the employer to give a letter stating that the original H1 is with them...
 
I want to make it clear that what I asked is does INS sends only
one copy of H1 approval notice?


vijay..
 
INS sends just one copy. The bottom portion is just I-94. you need the top portion for visa stamping.
 
The employer filed h1 himself . He did not use attorney.
I think BCIS sends two original copies

1. one with i-94 at the bottom ( i beleive this is employee's copy)
2. one without i-94 ( i belive this is employer's copy).

All my last three employers gave me me one copy with i-94.

I am not getting it. Why this employer is not handing over me
original 797.


V...
 
Origional I-797 is required to get new Visa stamp....I think it is requirement now....as far as I am confirmed..it is requirement in any of Canadian Consulates.....
 
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