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What is the difference between I-797B and I-797C

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Hi,

What is the difference between I-797B and I-797C?

An employer in the states applied H1B petition for me and I received the approval notice on which I see I-797B, Notice Of Action.

However, I never went to VISA interview with this letter as the employer backed out and unable to provide me with a client letter to go to VISA interview with Chennai consulate.

After few months, I found another employer who was willing to sponsor my H1B. He took my I-797B number and applied for transfer. The new notice of action which I received has I-797C, Notice of Action.

I don't understand the difference between these 2. When I went for visa interview with I-797C and other relevant documents, my visa is refused and I was giving 221 blue form multiple times basically asking for same information.

Regards

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Here is some info from internet.

I-797A:

I-797A is issued by the USCIS to the applicant with an I-94 approving the extension of stay in the U.S. This typically means that the change of status(F1 to H1, L1 to H1) has been approved and the candidate can legally continue working in the United States. When an I-797A is received by the petitioner, this must be handed over to the applicant and the H1-B holder must preserve it for future purposes such as visa stamping, etc.

The I-94 form attached to the I-797A form is the replacement for the one which you would have currently. You could continue your stay in the United States until the specified date in the new I-94 attached to the I-797A.

I-797B:

An I-797B is issued either to an applicant who doesn’t reside in the United States and has been applying from his home country or also to a person residing in the United States. In the second circumstance, the USCIS approves the H-1B petition to the applicant residing in the U.S, but doesn’t approve the change of status.

There is no I-94 attached when an I-797B is issued. I-797B must be given to the applicant by the petitioner. A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U.S.A. with a valid visa stamping.

I-797C:

When a petition for H-1B has been approved, the petitioner also receives an I-797C form along with the I-797A for the applicant. The petitioner must preserve this document for future references and communications with the USCIS as well as any queries from the U.S. Consulate.

I-797C form is also issued to the petitioners to respond on rejection of applications, communicate on payments, interviews, reopen cases and setting up appointments, etc.

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Hi All,

Guys need one help regarding my H1B visa.

I recently recieved my I-797B form and noticed that my name is not complete as given in my passport.

My Name in passport is Poonahakr Manasoor Rahul Naik and the same was given by me while fillin out all the details. but after i recieved my i-797b form the name reads

Naik, Poonahakr Manasoor.

Rahul is missing from the same and now i am worried since i need to raise my H1B stamping procedure for appointment. Is the format in the same way while issuing the names in I797b forms or is it due to some maximum length of name reached. Will it create a problem when i go for my Stamping.

WIll really appreciate ur replies. Thanks a lot friends.

thanks a lot.

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@dontwo

 

Here is some info from internet.


I-797A:

I-797A is issued by the USCIS to the applicant with an I-94 approving the extension of stay in the U.S. This typically means that the change of status(F1 to H1, L1 to H1) has been approved and the candidate can legally continue working in the United States. When an I-797A is received by the petitioner, this must be handed over to the applicant and the H1-B holder must preserve it for future purposes such as visa stamping, etc.

The I-94 form attached to the I-797A form is the replacement for the one which you would have currently. You could continue your stay in the United States until the specified date in the new I-94 attached to the I-797A.

I-797B:

An I-797B is issued either to an applicant who doesn’t reside in the United States and has been applying from his home country or also to a person residing in the United States. In the second circumstance, the USCIS approves the H-1B petition to the applicant residing in the U.S, but doesn’t approve the change of status.

There is no I-94 attached when an I-797B is issued. I-797B must be given to the applicant by the petitioner. A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U.S.A. with a valid visa stamping.

I-797C:

When a petition for H-1B has been approved, the petitioner also receives an I-797C form along with the I-797A for the applicant. The petitioner must preserve this document for future references and communications with the USCIS as well as any queries from the U.S. Consulate.

I-797C form is also issued to the petitioners to respond on rejection of applications, communicate on payments, interviews, reopen cases and setting up appointments, etc.

 

"A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U.S.A. with a valid visa stamping."

I would like to throw some light on the above statement as I am in the similar situation I797B and I am in US.

When I talked to my attorney he told me that I can go to any US consulate for Visa stamping. I don't have to go to home country.

 

Can you  please confirm if its true.

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Here is some info from internet.

I-797A:

I-797A is issued by the USCIS to the applicant with an I-94 approving the extension of stay in the U.S. This typically means that the change of status(F1 to H1, L1 to H1) has been approved and the candidate can legally continue working in the United States. When an I-797A is received by the petitioner, this must be handed over to the applicant and the H1-B holder must preserve it for future purposes such as visa stamping, etc.

The I-94 form attached to the I-797A form is the replacement for the one which you would have currently. You could continue your stay in the United States until the specified date in the new I-94 attached to the I-797A.

I-797B:

An I-797B is issued either to an applicant who doesn’t reside in the United States and has been applying from his home country or also to a person residing in the United States. In the second circumstance, the USCIS approves the H-1B petition to the applicant residing in the U.S, but doesn’t approve the change of status.

There is no I-94 attached when an I-797B is issued. I-797B must be given to the applicant by the petitioner. A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U.S.A. with a valid visa stamping.

I-797C:

When a petition for H-1B has been approved, the petitioner also receives an I-797C form along with the I-797A for the applicant. The petitioner must preserve this document for future references and communications with the USCIS as well as any queries from the U.S. Consulate.

I-797C form is also issued to the petitioners to respond on rejection of applications, communicate on payments, interviews, reopen cases and setting up appointments, etc.

This is not true about the I-797A, the entire form is not given to the applicant only the bottom portion. Here is a statement that will appear on the form I-797A. 

 

Quote USCIS.

 
The petitioner should keep the upper portion of this notice. theThe lower portion should be given to the worker. He or she should keep the right part with his or her form I-94, arrival-departure record. The I-94 portion should be given to the U.S. customs and border protection when he or she leaves the United States. The left part is for his or her records. A person granted a change of status who leaves the U.S. must normally obtain a visa in the new classification before returning. The left part can be used in applying for the new visa.  if a visa is not required, he or she should present it, along with any other required documentation, when applying for reentry in this new classification at a port of entry or pre-flight inspection station. 
 
end quote
 
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Edited by MurthyAdmin

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