h1b premium approval email but no hard copy

[HKG]

Hi,

My new employer filed H1b in premium a week back in Vermont service center and on 01/24 my attorney got an approval email stating the following with I129 approval


Classification: H1B
Starting Validity Date: 01/27/2014
Ending Validity Date: 01/26/17
Consulate notified (if applicable):
I-94 # (if applicable): I-94 number

My original I94 is valid until Sep 2015. Now my attorney saying that it would take upto 10 days to get the I797 copy by mail but with email approval it does not make difference as your I94 is mentioned in email approval and I can join. Also I want to join the employer next week basis the email approval.

Does any one have idea if Consulate notified is blank then would it be I797A?

I know it is always safe to have I797 in hand and thend ecide but I am kind of hurry to join my employer coming week. I have never been out of job and I have my H1b intact maintained with all py stubs untill now.

Also how much time it takes to receive I797 copy.

I admit that I am not expert in immigration so asking to people who actually understand it.

Please advise.

[HKG]

Hi Experts Shervin, Raghvi etc. , Could you please respond.

[raghvi]

Hi Experts Shervin, Raghvi etc. , Could you please respond.

Technically one can join as soon as the transfer petition receipt is available, but as advised, its safer to do so after receiving the approval notice that is , if you want to be 100% sure. I797A will come with a new I-94. If you join you should be safe, again not 100%.

This is my opinion not legal advice.

[HKG]

Technically one can join as soon as the transfer petition receipt is available, but as advised, its safer to do so after receiving the approval notice that is , if you want to be 100% sure. I797A will come with a new I-94. If you join you should be safe, again not 100%.

This is my opinion not legal advice.

Thanks Raghvi - I also have two more doubts,

1. what is the purpose of leaving Consulate name blank: I read somewhere that if consulate name is blank and I94 is number in my old petition then it is approved with I797A. So confirming from you.

2. The other question I have is, in worse case if I join the employer and I get I797B with no I94 attached, then what would be my course of action provided I have valid stamp until Sep-2015. Will I have to go back to India and re-enter US again to activate my I94 or will I have go back to India for another stamping.
I hope nothing like this would happen but I am imagining the worse case4 scenario.

Also, just to give you back ground, This petition is for my previous employer who is one of the largest MNC and I am rejoining my old employer who filed my H1b petition again to onbaord again with them, and I am currently with one of largest bank will full time in both places.

I dont have much expertise in immigration rules so I am askign this question.

[HKG]

Thanks Raghvi - I also have two more doubts,

1. what is the purpose of leaving Consulate name blank: I read somewhere that if consulate name is blank and I94 is number in my old petition then it is approved with I797A. So confirming from you.

2. The other question I have is, in worse case if I join the employer and I get I797B with no I94 attached, then what would be my course of action provided I have valid stamp until Sep-2015. Will I have to go back to India and re-enter US again to activate my I94 or will I have go back to India for another stamping.
I hope nothing like this would happen but I am imagining the worse case4 scenario.

Also, just to give you back ground, This petition is for my previous employer who is one of the largest MNC and I am rejoining my old employer who filed my H1b petition again to onbaord again with them, and I am currently with one of largest bank will full time in both places.

I dont have much expertise in immigration rules so I am askign this question.

Hi Raghvi, Could you please comment in above two queries as well.

[raghvi]

1. Yes pretty much sounds fine.
2. Either go back and rejoin current employer or leave US, and re enter with new petition on old visa.

This is my opinion not legal advice.

[HKG]

1. Yes pretty much sounds fine.
2. Either go back and rejoin current employer or leave US, and re enter with new petition on old visa.

This is my opinion not legal advice.

Hi Raghvi,

One more query. I just received I797C; Notice Type: Approval Notice for Dependents (Wife and Daughter). Its a plain paper provides the

Notice type: Approval Notice
Class: H4
Valid From 01/27/2014 to 01/26/2017.

It also mentioned applicant name as my wife and daughter.

It also says applicant must keep lower part of document with themself with old I94.

but there is not I94 attahced to it at bottom.

I have following queries:

1. Do you have any Idea the I94 part. or does that means its a notification and the orginal goes to attorney.

2. Does this gurantee issue of I797A for me which will go to lawyer

3. Does USCIS dispatch this notice to my my address and original notice to my attorney same day. I am asking this to find out if my attorney will receiev it by tomorrow morning or will I have to wait few more days.

[HKG]

Hi Raghvi,

One more query. I just received I797C; Notice Type: Approval Notice for Dependents (Wife and Daughter). Its a plain paper provides the

Notice type: Approval Notice
Class: H4
Valid From 01/27/2014 to 01/26/2017.

It also mentioned applicant name as my wife and daughter.

It also says applicant must keep lower part of document with themself with old I94.

but there is not I94 attahced to it at bottom.

I have following queries:

1. Do you have any Idea the I94 part. or does that means its a notification and the orginal goes to attorney.

2. Does this gurantee issue of I797A for me which will go to lawyer

3. Does USCIS dispatch this notice to my my address and original notice to my attorney same day. I am asking this to find out if my attorney will receiev it by tomorrow morning or will I have to wait few more days.

Hi Raghvi, Could you please respond to my request again.

[raghvi]

As per USCIS, Form I-797C is only a receipt proving an applicant has submitted a benefit request; USCIS has not determined whether that applicant is eligible for an immigration benefit. Its the attorney who will be receiving the I797. You just have to be patient till the actual approval comes in your hand.

This is my opinion not legal advice.