H4 Visa : I-797 related

[nosiaj]

Hi All,

I am in US now on H1 visa. My wife is in India and planning to attend H4 interview soon. In the document list for H4 it is specified original I-797.

But here I have with me the originals of both I-797B and I-797C. Do we need to have I-797A for H4 stamping ? I am in touch with my employer and the visa attorney regarding this, it seems they do not have the I-797A with them. are we in trouble ?

[shervin143]

There will be either I-797A or I-797B. You will not have both. Was your H1B approved for consular process (maybe you were outside U.S when the petition was approved and that is why you got I-797B without an attached I-94). Send your wife your I-797B and that is enough.

[kabkaba]

Forget A, B, C. You should give her your original approval notice and not the receipt notice.

[nosiaj]

Thanks Shervin for quick reply,

Yes, you are right, I was in India when my H1 got approved (This is my first time in US). I was given only the I-797C for stamping. and got the I-797B after reaching here.

There will be either I-797A or I-797B. You will not have both. Was your H1B approved for consular process (maybe you were outside U.S when the petition was approved and that is why yu got I-797B without an attacyhed I-94). Send your wife your I-797B and that is enough.

[nosiaj]

Oh.. that means there is a 'I-797' without a suffix ? I do not have that one. let me check with my employer.

Forget A, B, C. You should give her your original approval notice and not the receipt notice.

[shervin143]

There will not be an I-797 without any suffix. It will be either I-797A (attached I-94) or I-797B (Approved for Consular process). I-797C is just a courtesy copy. Like I mentioned in my earlier reply, just send the I-797B and that is enough.

Oh.. that means there is a 'I-797' without a suffix ? I do not have that one. let me check with my employer.

[gkr747]

There will not be an I-797 without any suffix. It will be either I-797A (attached I-94) or I-797B (Approved for Consular process). I-797C is just a courtesy copy. Like I mentioned in my earlier reply, just send the I-797B and that is enough.

it should be a copy of I797 and not the original itself..right?

[shervin143]

Why will it be a copy? Check the list of documents required for H1B/H4 stamping. The original I-797 is required.

https://www.immihelp.com/h4-visa-stamping-documents/

it should be a copy of I797 and not the original itself..right?

[nosiaj]

it should be a copy of I797 and not the original itself..right?

I guess its original.. correct me if i am wrong.

[gkr747]

Why will it be a copy? Check the list of documents required for H1B/H4 stamping. The original I-797 is required.
https://www.immihelp.com/h4-visa-stamping-documents/

hmm, interesting..see this

http://hyderabad.usconsulate.gov/advance_doc_submission2.html

it states copy of I797

[shervin143]

You don't seem to get it. I guess you are better off consulting an immigration attorney. The link that you have provided is for advance document submission. There is a difference between what need to be submitted for ADS and what need to be carried for the visa inetrview. The link you have provided also says "Copy of the passport" to be submitted. So is your wife going to appear for the interview with just a copy of the passport and not the original passport? Will U.S consulate stamp the H4 visa in a photocopy?

hmm, interesting..see this

http://hyderabad.usconsulate.gov/advance_doc_submission2.html

it states copy of I797

[gkr747]

You don't seem to get it. I guess you are better off consulting an immigration attorney. The link that you have provided is for advance document submission. There is a difference between what need to be submitted for ADS and what need to be carried for the visa inetrview. The link you have provided also says "Copy of the passport" to be submitted. So is your wife going to appear for the interview with just a copy of the passport and not the original passport? Will U.S consulate stamp the H4 visa in a photocopy?

I really apologize for this and due to lack of my insight into what was posted on the link..only posted it so that you can point to what I am missing with the discrepancy. I think my post appeared to be rude(and seemed to be challenging your statement) which was not at all the intension, sincere apologies..I should have been more clear in what I was trying to ask.

thanks for all your help.

[shervin143]

Provide photocopies when you submit documents as a part of advance document submission process (Except or the HDFC receipts). Carry the originals when you appear for the actual visa interview.

[gkr747]

thank you, in the H4 checklist mentioned on the website there are couple of things I am looking for clarification..

1. copy of my experience letters --> are these needed even though I am not attending for stamping and that they already got H4 stamping done in the past?

2. w2's --> can I send copies of W2's or do I have to send the originals?

[nosiaj]

Provide photocopies when you submit documents as a part of advance document submission process (Except or the HDFC receipts). Carry the originals when you appear for the actual visa interview.

Thank You everyone, All my queries related to I-797 got answered.

Once again, this site and its senior members are awesome !!