Recieved incorrect H1B approval form

[gowthamr]

My H1B-new petition processed as premium got approved on 9 December 2011 in USCIS and but I have received a wrong approval form I797A (Instead of I797B), it seems I797A is only for extension, whereas my case is a new case for which I should have issued I797B. I noticed this issue only on Feb 08 2012. My employer says, they have processed only for H1B new and this mistake is done by USCIS. Please let me know the best remedy for the above issue. Also appreciate if you could share the process and timeline involved to resolve this issue.

[Attorney_22]

To completely answer your questions more information is necessary such as: are you in the U.S. or abroad, if in the U.S. was the petition a change of status, change of employer petition or amendment petition, did your employer request consular processing, etc. Therefore, it may be more efficient to speak directly with a qualified U.S. immigration attorney to advise you properly. Please feel free to contact the Murthy Law Firm to schedule a consultation with one of our many experienced immigration attorneys.

[Chitown01]

If you are in the US then you have received the correct approval notice, I-797 A is approval with extension of stay for ppl in the US

I-797 B is approval thru consular processing for ppl who are abroad and need visa stamping to come in the states and start working

[gowthamr]

Now I m in india, and I have never been to US. So it is a incorrect Approval notice. Is there any clause, where I can get a correct approval notice, if so what would be the timeline.

[gowthamr]

My H1B-new petition processed as premium got approved on 9 December 2011 in USCIS and but I have received a wrong approval form I797A (Instead of I797B), it seems I797A is only for extension, whereas my case is a new case for which I should have issued I797B. I noticed this issue only on Feb 08 2012. My employer says, they have processed only for H1B new and this mistake is done by USCIS. Please let me know the best remedy for the above issue. Also appreciate if you could share the process and timeline involved to resolve this issue.

To completely answer your questions more information is necessary such as: are you in the U.S. or abroad, if in the U.S. was the petition a change of status, change of employer petition or amendment petition, did your employer request consular processing, etc. Therefore, it may be more efficient to speak directly with a qualified U.S. immigration attorney to advise you properly. Please feel free to contact the Murthy Law Firm to schedule a consultation with one of our many experienced immigration attorneys.

Now I m in india, and I have never been to US. So it is a incorrect Approval notice. Is there any clause, where I can get a correct approval notice, if so what would be the timeline