I-797 not received from USCIS, potential issues at POE?

[gusto]

Hello,

After it's approval on Sep 20th, 2018,  neither my attorney nor my employer received the original I-797. I went to the visa interview with the courtesy copy received by the employer and got my new H1B stamped in my passport. As of today, the attorney hasn't received the original I-797 and I have to travel to US on Oct 13th for a start date of Oct 17th. Since it's less than 30 days after it's approval, USCIS wouldn't let us request a duplicate as well.

Please advise the following

- What are the implications at POE while carrying only the courtesy copy instead of the original I-797?

- Will a stamped visa make a difference or will a letter from the attorney stating they haven't received help when CBP officer is questioning?

Kindly help!

[xTDx]

1- you do not need original of i797 to enter USA, Your valid visa is your travel document and has the petition number listed. i797 is in itself is a notice of action and does not grant you any benefits in itself. 

2- see 1. You do not need anything beside general documents i.e passport with valid visa .

Be ready to explain if in rare case POE officer send you to secondary inspection after requesting i797 copy.

[care_candidate]

You are likely going to be questioned at POE. As it happened to me three time recently.

They do ask for I-797 to see. It actually does not make sense but they think it is a proof that you are still working at same company and has not changed jobs. For some reason they think when you change jobs, old employer takes away your I-797.

Since it is too late, be prepared to explain. If you have submitted application for I-797 do show that. Or least, ask officer to call your employer/boss/attorney directly from POE.

 

[evilgenius1412]

My husband is currently going through the same issue. His law firm has advised him to not travel without the valid i797. His law firm did not receive his i797 even though it has been 4 months since his case was approved. After filing a service request with USCIS, we were asked to file for a duplicate i797 and that application is in progress.

 

Has anyone had a similar experience? The processing time for the duplicate i797 takes 3.5 - 10.5 months according to the USCIS webpage. 

@gusto Did you travel to USA without your i797? Were there any issues at the port of entry?

[uppd]

Hello @evilgenius1412, could you please share any updates on your case. I am currently in a similar situation and unsure how to proceed. Thank you!

[VPS]

Can anyone please give an update? I am in the same situation. Were you able to travel without the I-797A? My employer/lawyers neither received the approval notice nor the courtesy copy.