Did not receive original approval (I129/I797)

[postmaster]

Hi
My H1b was approved on May 9th, but employer still has not received the original approval copy.
I need to exit and return to US to get a new I 94. Can I travel with a copy of the filing (without the approval notice?). On the USCIS site it says that my petition was approved.

What do you suggest? My current visa & I94 expires in 2 weeks, so I need to have a new I94 to start working.

Thank you for your help !

[shervin143]

My H1b was approved on May 9th, but employer still has not received the original approval copy.
>>> It take at least 2 weeks. Be patient.

I need to exit and return to US to get a new I 94.
>>> Why? Was the H1B petition filed for consular process? If it was a regular COS/extension, then the approval notice will come with a new I-94 unless you were out of status when the petition was filed.

Can I travel with a copy of the filing (without the approval notice?). On the USCIS site it says that my petition was approved.
>>> No. You need the original approval notice to re-enter.

What do you suggest? My current visa & I94 expires in 2 weeks, so I need to have a new I94 to start working.
>>> I am not clear on why your approval won't come with a new I-94?

[postmaster]

Hi
Yes it was consular processing, because I was laid off and did not have latest pay stub. Because It is consular approval, there wont be an I 94 attached with it, and I need to exit to Caribbean and return to US to obtain a new I 94.

My current H1 expires on June 7th. If I do not get the original docs, travel and return to get a new I94 before that, I guess I will have to go to India for stamping H1b visa. Can I continue to stay in US to wait for the files to come since I have an approval for my H1?

My employer has not received the petition yet. Do you know how we can find out if USCIS has actually sent out the petition docs?

Thank you for all your help. I will update the status and what steps I followed as I progress for others who may find it useful.

[shervin143]

There is no special way to find out if USCIS has sent the documents or not. You have to wait for the approval notice to get delivered. It take about 2 weeks and you need to be patient. If you have already got laid off and if your H1B is filed for CP, how are you currently staying in the country? Have you already started working for the new employer or you currently out of sttaus on H1B? If t he petition is approved for CP, then you cannot continue to stay in U.S after the I-94 expiry date. Any time spend in U.S after the I-94 expiry date will be considered as illegal stay.

Hi
Yes it was consular processing, because I was laid off and did not have latest pay stub. Because It is consular approval, there wont be an I 94 attached with it, and I need to exit to Caribbean and return to US to obtain a new I 94.

My current H1 expires on June 7th. If I do not get the original docs, travel and return to get a new I94 before that, I guess I will have to go to India for stamping H1b visa. Can I continue to stay in US to wait for the files to come since I have an approval for my H1?

My employer has not received the petition yet. Do you know how we can find out if USCIS has actually sent out the petition docs?

Thank you for all your help. I will update the status and what steps I followed as I progress for others who may find it useful.

[postmaster]

H1 filed in CP has been approved, and i have a valid H1 stamped. So till the I94 expires, I wont be illegal. As you suggested, I will patiently wait for my petition to arrive. But I hope that it arrives sometimes next week (it will be 2 weeks in 4 days).

Thank you for your quick help. I tried a couple of other popular forums with absolutely no response !! Your quick reply was a great relief & very timely !

Much appreciated.

Thank you again,
Joe.

[shervin143]

H1 filed in CP has been approved, and i have a valid H1 stamped. So till the I94 expires, I wont be illegal. As you suggested, I will patiently wait for my petition to arrive. But I hope that it arrives sometimes next week (it will be 2 weeks in 4 days).
>>> You are not illegal. But you are out of status.

[postmaster]

>>> You are not illegal. But you are out of status.

Hi Shervin, Do you know the possible consequences of being "out of status" ? Will those troubles be over when I re-stamp my visa or extend my I94 validity date?

[shervin143]

It can cause issues and it is totally up to the VO to decide. There is a specific question in DS160 that ask if you ever violated the status and you have to answer YES to that question. If you answer NO and if they figure out that you were out of status, then they can ban you from entering U.S for willful misinterpretation of facts.

>>> You are not illegal. But you are out of status.

Hi Shervin, Do you know the possible consequences of being "out of status" ? Will those troubles be over when I re-stamp my visa or extend my I94 validity date?

[sac19]

did you receive your original documents

Hi

My L1 also got approved on May 9th, I have not yet received originals from USCIS and employer is following up from them.

did you receive your documents.