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H1B Extension approved, but received I797B

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  • H1B Extension approved, but received I797B

    Hello,

    I received I797B on my H1b extension and here are my details,

    * Original H1 Expiry Date : July 5, 2018

    * Original I94 Expiration date: July 15, 2018

    * Employment: Same Employer (no change)

    Received I797B (with H1B extension until 2021) last week without I94.

    Could it be a mistake from USCIS as we received I797B instead I797A? If so, how long will it take to get to know the decision that it’s by mistake from USCIS or not.

    If it is by mistake,

    How long will it take to get the corrected I797A?

    Am I legally allowed to stay in US until we receive the corrected I797A, as I’m already out of status as per the approved petition?

    If it’s a right decision by USCIS

    How long can I stay in US?

    Appealing / query to USCIS will delay my departure from USA further.

    Will it impact my Visa stamping?

    My Lawyer told me that he is going to raise a Query with USCIS soon. If so, am I eligible to stay in US until I get the query answered, as I'm already out of status as per Approved I797B?

    Appreciate your help and support.

    Thank You!

  • #2
    Originally posted by Rameshmanickam View Post
    Hello,

    I received I797B on my H1b extension and here are my details,

    * Original H1 Expiry Date : July 5, 2018

    * Original I94 Expiration date: July 15, 2018

    * Employment: Same Employer (no change)

    Received I797B (with H1B extension until 2021) last week without I94.

    Could it be a mistake from USCIS as we received I797B instead I797A? If so, how long will it take to get to know the decision that it’s by mistake from USCIS or not.

    If it is by mistake,

    How long will it take to get the corrected I797A?

    Am I legally allowed to stay in US until we receive the corrected I797A, as I’m already out of status as per the approved petition?

    If it’s a right decision by USCIS

    How long can I stay in US?

    Appealing / query to USCIS will delay my departure from USA further.

    Will it impact my Visa stamping?

    My Lawyer told me that he is going to raise a Query with USCIS soon. If so, am I eligible to stay in US until I get the query answered, as I'm already out of status as per Approved I797B?

    Appreciate your help and support.

    Thank You!
    Hi Ramesh..

    can you please update us what has happened to you finally...I am kind of in a smellier situation.

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