Visa Stamped but I-797 lost by the Delhi consulate

M

manusrivastav

Registered Users (C)
Guys,
My sister went to get her H1b visa stamped in the US consulate at Delhi. She got here passport back with the visa stamped okay, but the I-797 is missing. She went back to the consulate , but looks like they have misplaced the I-797. Now she has to come to US.
What do you suggest I do. Is there a need to get a duplicate I-797 from the USCIS. If yes how long does it take to get it. who needs to file that. Can the employer file it or the attroney needs to file it.
Also if we send the employer copy to her in India. Is it enough for convincing the immigration officer at the US airport to give here an okay at the airport.
Please suggest.

Thanks

Manu
 
Guys,
Please help me on this. Can we send the employer copy to her. And will she have any issue at the airport immigration with her visa and this employer copy of I-797. Or getting a duplicate copy of the I-797 is a must and she has to wait for it before she can come to the US.

Thanks

Manu
 
Hey Manu,

IF you dont mind, can you please let us know your sisters experience such as questions at the Delhi Consulate as I also have an appointment scheduled in Jan.

Thanks
 
I-797 misplaced- Have a copy of it

My I-797 is misplaced but I have a copy of it. My H1-B is endorsed

I am planning to go to India in couple of weeks. Will I face any problems on my return to US ?
 
roopa_1 said:
My I-797 is misplaced but I have a copy of it. My H1-B is endorsed

I am planning to go to India in couple of weeks. Will I face any problems on my return to US ?
Click to expand...
if you have valid Visa stamp when you enter US then you dont need H1 approval notice
 
manusrivastav said:
Guys,
My sister went to get her H1b visa stamped in the US consulate at Delhi. She got here passport back with the visa stamped okay, but the I-797 is missing. She went back to the consulate , but looks like they have misplaced the I-797. Now she has to come to US.

----she can enter with valid H1 visa stamp and H1 approval notice is not needed for entry to US.
What do you suggest I do. Is there a need to get a duplicate I-797 from the USCIS.
------------- at this time not needed.if she or her employer/lawyer has copy of H1 approval that is ok, she will need that copy for extension of H1 in future for H1 extension. once she reach US her employer/lawyer can get duplicate copy of her H1 approval.
If yes how long does it take to get it. who needs to file that. Can the employer file it or the attroney needs to file it.

Also if we send the employer copy to her in India. Is it enough for convincing the immigration officer at the US airport to give here an okay at the airport.

---at POE they are only going to look at her H1 visa stamp
Please suggest.

Thanks

Manu
Click to expand...
** she can also get a letter from consulate that they have lost her H1 approval notice
 
Guys,
My sister came to US without any issues. The immigration officers ddint ask for the I797. We checked with INS also. The original I797 is not required. Here are the papers she carried with her.

1) The attested copy of the I 797 from the attorney who filed her H1b.
2 The orginal empoyers copy of the I797.
3) A letter from the employer stating the urgency to come to US.
4) All the communication with the delhi consulate regarding the misplaced I 797.

Thanks

Manu
 
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