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I was working to hire an oversee engineer. Today,
(1) We received an I-797B approval notice of our I-129 H1-B petition that says
"The above petition has been approved, and notification has been sent to the listed consulte."
(2) But we received another mail notice that baiscally says
"The petitioner requested consular processing on the Form 1-129 petition. But because the petitioner did not send the duplicate copy of the petition while block "a" in Question 5 of Part 2 of the form was checked". So the action USCIS described is:
"The petitioner failed to include a duplicate copy; therefore, no copy of the petition was forwarded to the Kentucky Consular Center for processing."
and then they advised us to file I-824 that costs $405.
<Question 1>
We are puzzled by the second notice. Currently, the employee lives in oversea and will need to apply for a US Visa. In order for him to be able to obtain the US Visa oversea, should we file I-824 even though the I-797B approval notice says the notice has been sent to the consulate?
<Question 2>
Having to file I-824 costs $405, but it seems to us that I-824 is for adding "additional new" consulate. Since we did not include the duplicate copy in the original I-129 petition, I think it should considered as the case that we need to send additional document that were missing in procssing the original petition, without having to go through I-824. Am I wrong? Can I argue with them?
(1) We received an I-797B approval notice of our I-129 H1-B petition that says
"The above petition has been approved, and notification has been sent to the listed consulte."
(2) But we received another mail notice that baiscally says
"The petitioner requested consular processing on the Form 1-129 petition. But because the petitioner did not send the duplicate copy of the petition while block "a" in Question 5 of Part 2 of the form was checked". So the action USCIS described is:
"The petitioner failed to include a duplicate copy; therefore, no copy of the petition was forwarded to the Kentucky Consular Center for processing."
and then they advised us to file I-824 that costs $405.
<Question 1>
We are puzzled by the second notice. Currently, the employee lives in oversea and will need to apply for a US Visa. In order for him to be able to obtain the US Visa oversea, should we file I-824 even though the I-797B approval notice says the notice has been sent to the consulate?
<Question 2>
Having to file I-824 costs $405, but it seems to us that I-824 is for adding "additional new" consulate. Since we did not include the duplicate copy in the original I-129 petition, I think it should considered as the case that we need to send additional document that were missing in procssing the original petition, without having to go through I-824. Am I wrong? Can I argue with them?
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