H1B Visa and Pasport Help

[mamit1]

Hello,
I have recently received my H1B approval and have a couple of questions about it.

Firstly, my employer has given me the bottom portion of the form I797A and kept the top portion with them (please see the attached picture)(http://img57.imageshack.us/my.php?image=i797yj8.gif) my question is that is this portion all that I need (it says on the visa requirements that I should have my I797 to apply for visa) when applying for my H1B visa at the end of this year in India? Is this portion my I797A? I am asking this because I know the upper portion of this document says I797A but the lower portion does not say I797A (except below the I94 on the right)

Secondly, I know that I am posting this question in the Visa section but was hoping someone who has been in similar situation can help. My Indian passport expires on February 2009 and hence I am supposed to apply for passport renewal through the Indian consulate in New York. On the document requirements for passport renewal it says I am supposed to send a notarized copy of my proof of legal status in US I know that my I797A is the only proof for my H1B status so do I need to send the same (lower portion) as the proof of legal status.
I really appreciate all your help.

[abhayg4]

Hi,

For H1 Visa stamping again in India - You need the complete I-797A (ORIGINAL) - except for I-94 which you need to give when you leave US.
So you need to ask it from your employer when you go for Stamping.

Employer also gets -I-797C Original (as a reference) - this document is exactly the same as I-797A except for the bottom part.

For Passport Renewal - You need to send the complete notarized photocopy of the document - I-797A.

Thanks,
Abhay
======================================================

[abhayg4]

Hi ,

I-797A says that Petitioner (Your Employer) needs to keep the upper half and Lower Half needs to be given to you.
It also says that Lower Left half can be used for Visa Stamping.

But you can ask your company to give the complete Original document to you for Visa Stamping in India-just on the safer side and then maybe you can return it back when you come bask to US.

---Abhay

[mamit1]

Thanks!!

Thanks for your reply abhayg4, I noticed that the two replies you posted had different answer about I797A. Now you see my dilemma, my employer has not really done many H1 filings and are going strictly by what the document says on it. And you noted the I797A says that the top portion should go to the petitioner which will be my employer they have filed that portion. But I couldn’t help but notice that the bottom portion had no information about it being a copy of I797A which is why I asked these questions.

[txh1b]

On the document requirements for passport renewal it says I am supposed to send a notarized copy of my proof of legal status in US I know that my I797A is the only proof for my H1B status so do I need to send the same (lower portion) as the proof of legal status.
I really appreciate all your help.

Your I-94 is proof of legal stay accompanied by your pay stubs if on H1b. OP...Please delete the image. Someone could misuse it even if you removed details.

[txh1b]

But you can ask your company to give the complete Original document to you for Visa Stamping in India-just on the safer side and then maybe you can return it back when you come bask to US.

---Abhay

That is exactly what some employers that follow the book to the word do. My employer even takes a signature saying the top portion will be returned after travel and they can withhold the pay until it is returned. I never returned it and I am getting paid fine though

[abhayg4]

Hi,

I am not sure why the company will not help you for Visa Stamping in India even they haven't done many filings
It is for them only that you are going for H1 stamping in India-so that you can come back and work for them , your employer SHOULD help you.
Ask your HR/concerned Department and tell them the same that you need the complete document for your Visa Stamping and will return it back after coming.
---Abhay