H1B - I797, I94 and I-129 original Issue - URGENT

[KV2004]

Hi,

I have two serious issues

1. I am planning to go for my visa stamping to India my currently employer who holds my H1b is not willing to issue my original I797 and I129 documents in original.

Are there any details on USCIS or VFS website which shows that the employer must issue the original I797 and I129 documents to the employee. Please it is very urgent....

2. I was only provided with my i-94 bottom part of the approval and the DOB on that is wrong. Will this be an issue if I go for stamping. If yes what are the corrective steps to get that changed.

Please help me...

Thanks,

[Chitown01]

1. You dont need I-129 Original, you will always get a copy of it.... Tell you employer you need it for stamping and will return to them once u are back to US.... Show them consulate email or link that says you need I-797 for stamping....

2. Ask your attorney to contact uscis for date change.

[pontevecchio]

You should talk to a Lawyer who will be able to suggest the best course of action.

[KV2004]

Thank you for your feedback

Chitown01 - i found a link from the chennai consulate which states copies of 797 and I 129 are required, but I am very sure that everybody going for a H1 visa stamping go with their originals and not copies. I need a reference from USCIS or a consulate website to show that I need these for visa stamping. If I go with a copy I am pretty sure there will be an issue. Moreover most of the fulltime employees(my friends) are provided with these documents in original by their employers. I am still browsing USCIS, VFS and consultate websites for this information with no luck. Any info on these is greatly appreciated.

[Chitown01]

Mostly everyone goes with Original I-797 and copies of I-129 because original I-129 is submitted to USCIS.

As i said explain the employer that you need the notice for stamping and you will return it once u are back..... VFS just needs a copy of I-797 because they will verify your approved petition thru PIMS so all they need is a number from the photocopy....

Expalin to your employer and talk to attorneys

[wiweq]

Thank you for your feedback

Chitown01 - i found a link from the chennai consulate which states copies of 797 and I 129 are required, but I am very sure that everybody going for a H1 visa stamping go with their originals and not copies. I need a reference from USCIS or a consulate website to show that I need these for visa stamping. If I go with a copy I am pretty sure there will be an issue. Moreover most of the fulltime employees(my friends) are provided with these documents in original by their employers. I am still browsing USCIS, VFS and consultate websites for this information with no luck. Any info on these is greatly appreciated.

VFS, is a third party and doesn't have do do anything with USCIS. Show the VFS link to your employer and ask for those docs. Copies work fine.