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I-797C vs. I-797

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  • I-797C vs. I-797

    I just received 3 I-797C's from the Missouri NBC for receipt of I-130/I-485/I-765. I have two questions:
    1. What is the difference between I-797C and I-797. Should I be worried that I got one instead of the other?
    2. Can I quit school (I am on an F-1 visa) and move to another state with the I-797C I have now? And get my applications transfered to the local office in Florida?

  • #2
    I-797

    Hi,

    As far as I know, they're both used for approval notices, I don't think there's need to worry. You should definitely NOT quit school if you're in the US on an F-1 visa. An approval notice is simply a document from BCIS stating that you have a legitimate claim to apply for Permanent Residency and that they have accepted your application. It doesn't give you (or change) your current immigration status.
    Maintaining status on your student visa is contingent upon your attending school as a full time student. You must still remain in legal status in the US until your priority date becomes current (i.e. a visa becomes available for you in your category) and you file for AOS. As much as you possibly can, try to remain in status because unless your case was filed with protection under section 245i, if you become out of status you may not be eligible to do AOS, and if you have to leave the US for Consular Processing, you might be subject to a 3 or 10 year ban from reentry.

    Hope you found the info. helpful!
    Gabba

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    • #3
      Re: I-797

      I've already filed for AOS and received an A-number on the NOA. They called me for fingerprinting and I went to get that done 2 days ago. Doesn't having the A-number already put me in AOS category and officially remove me from my F-1? I talked to the international student counselor at my school yesterday and she took me off their SEVIS F-1 database when I showed her the I-797C letter. Now I'm confused!

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      • #4
        you're right

        Hi,

        I just re-read your original post and you do indicate that the I-797 was for the I-485 you filed! I had missread it and was thinking about the filing of the I-130...
        Sorry about the confusion. You're right though, you are considered in legal status while your AOS is pending.

        I'm basically in the same position, (previous F-1 status waiting for AOS interview). When did you file and how long after filing did you receive your interview letter? I'm just wondering how long I'll have to wait.

        Gabba

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        • #5
          Re: you're right

          I filed on Feb 24th (I filed it in-person at the Denver local office where they told me it would be sent to NBC Missouri). The NOA was issued March 3rd and I received it in the mail March 6th. It all happened really quick - I think it had to do with my punching holes on top of each form/document and assembling them with "ACCO fasteners" into a file as they mildly suggested in the assembling instructions on the USCIS website. I think I made some filers life easier so they were nice to me?

          I haven't received an interview letter yet, but I got fingerprinted a couple days ago (for both I-765 and I-485)

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          • #6
            Re: you're right

            I guess that depending on where you are things will be done differently. I filed my I-485 in Nov. 03 (Los Angeles) and I haven't gotten an I-797 yet, but I did get an appointment letter to go pick up my EAD in late January 04, which I did. In that letter it says that it will take about 15 months from the date of the letter for them to tell me whether or not I'll need an interview. Other than the fingerprint of my index finger they took when they gave me my EAD I haven't been fingerprinted at all. I'm really hoping I will receive my interview date this fall at some point. We'll see.

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            • #7
              I-797c, notice of action

              Hi,

              I got I-797c TYPE --REJECTION NOTICE ( $340 back to me ) and I am worried about it, i dont understand what i did wrong !!??

              It sais :

              Recently, you submitted an application for immigration benefits. This form was submitted with an extra remmitance that is not required to process your application, or the incorrect fee was submitted. Your check is beeing returned to you with this notice. No additional action by at this time is required. Please comply with any other reject notice you may receive.

              I paid the following:

              $355 for I-130
              $1010 for I-485
              $340 for I-765 (is this form FREE ????)

              I just got home from Denver after fingerprinting today n picture,


              so , please help me with advice !!!!!!


              thanks

              alenka

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              • #8
                if you paid 1010 for I-485 fees for I-131 and I-765 is included in that, you dont have to pay for renewal of these EAD/AP
                hence the checks were returned

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                • #9
                  I-797

                  These are sent as acknowledgement of receipt of applications filed with USCIS Service centres in USA. So there is nothing to worry. Its a goodthing that you have the acknowledgemebt as an evidence of receipt

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                  • #10
                    I got. A I-797c Notice in action?!

                    Is a I-797c Notice in action An Approval I filed for a I-130What does it mean??? Do you Guys think It's a rejection ??!
                    Last edited by Juliee Lovee; 03-31-2015, 04:42 PM.

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