Incorrect first name in I-797 approval

[srinius]

Hi,

Recently my H1 approved but the first name is incorrect. I am planning to go to India and needs to go for visa stamping.

Do I need to worry about this? Does anybody run into the same issue.

Please advise.

Thanks in advance.

[hatestamping]

@srinius

It should be fairly easy for you to get it corrected while you are there. Your company's lawyer needs to get it corrected. I am told that the consulate will issue the visa based on your passport name and not the one on I-797. I also had this issue but unfortunately, I am stuck on 221g so do not know for sure.

My advice would be to get it corrected so as to avoid any chance of unnecessary delays.

[srinius]

Thanks for reply and sorry about your 221g.

My attorney applied for correction 3 months back, don't know why it is taking so much time.

So your saying it is not safe to go to India with incorrect firstname? In your 797 also the firstname is incorrect?

Please advise.

Thanks

[hatestamping]

Yes, it is incorrect in my I-797 but it is missing just one letter. This was my second petition (after the first one was denied) and I saw it after I received the docs here in India. However, my attorney said it shouldn't matter. I called VFS and they said it shouldn't matter because the consulate goes by the passport name and not I-797.

You can try your luck depending on how incorrect the name is on I-797. It also depends on who made the mistake - your lawyer or USCIS? You can perhaps request your lawyer to give you a letter stating there was a mistake in your name made by them or USCIS, whichever applies.

My theory now is that "do not leave any room for the consulate to issue a 221g". Just don't take any chances in the present scenario. Trust me - you think you are mentally prepared for administrative processing but once you get a 221g, everything is so confusing and frustrating.

[srinius]

In my case there are 2 letters incorrect and it is a USCIS mistake. It's a good idea to get a letter from attorney.

I am a FTE, but I did engg in Chemical but working in IT for the last 7 years. Don't know whether it matter's or not? Do you see anybody with the same case?

Thanks

[hatestamping]

Also have your lawyer mention in the letter that they sent a request to have it corrected (with date etc details)

I did not. But since you are an FTE and have 7 years experience, I feel you should be ok. Be confident and bring all the relevant documents.