I-797A original required?

[hgupta5]

Hi,

 

I am currently outside US.

 

I have Firm A's H1B stamped on my passport which is valid till Apr 2015.

 

I changed to Firm B in Sep 2013 and I have the soft copy of the I797A approval notice. I left US in late Dec 2013 but could not get the hard copy of 797 before leaving.

 

Do I need the original hard copy of I-797A to re-enter US or will the print out of soft copy will do?

 

I am going to present the H1B stamp of Firm A while entering.

 

Thanks

hgupta

[jairichi]

Hi,

 

I am currently outside US.

 

I have Firm A's H1B stamped on my passport which is valid till Apr 2015.

 

I changed to Firm B in Sep 2013 and I have the soft copy of the I797A approval notice. I left US in late Dec 2013 but could not get the hard copy of 797 before leaving.

 

Do I need the original hard copy of I-797A to re-enter US or will the print out of soft copy will do?

 

I am going to present the H1B stamp of Firm A while entering.

 

Thanks

hgupta

Yes, you would need to show the original I797.

[mgun84]

If you are already entered country once after h1b stamping you do not require  i797-A . This was told to me by port of entry officer @ boston airport when i gave my passport along with i797 in August 2013. However its always good to carry relevant docs when entering country especially on h1b.

[jairichi]

If you are already entered country once after h1b stamping you do not require  i797-A . This was told to me by port of entry officer @ boston airport when i gave my passport along with i797 in August 2013. However its always good to carry relevant docs when entering country especially on h1b.

To add to your comment, I would say never take a chance. There is a possibility that OP could be sent to home country for failure to produce necessary documents at POE. Is it worth taking that risk?

[hgupta5]

Thanks a lot guys.

 

i have gone back and forth few times on the H1B stamp of Firm A. I really don't remember if I had to pull out the original I-797A provided by Firm A when I entered based on the Firm A's H1B stamp.

 

This time it's a little different as the stamp is of Firm A and I-797A is of Firm B. So far I only have the soft copy of Firm B's I-797A and am trying to get the original shipped to me here in India.

 

A quick thought though ... The approval notice clearly states that the top portion is supposed to remain with the petitioner ... lower left is supposed to be with the beneficiary ... lower right is I-94.... so doesn't it means that beneficiary is not supposed to have the approval notice with them any which ways ...

 

I know for a fact that they ask for the original 797 during stamping ... but that is "just" to verify the photocopy ... the original is given back to beneficiary ... 

[mgun84]

To add to your comment, I would say never take a chance. There is a possibility that OP could be sent to home country for failure to produce necessary documents at POE. Is it worth taking that risk?

I nnever told him to take chance...read my prev comment..

 

 

 However its always good to carry relevant docs when entering country especially on h1b.

 

 

FYI i797 is approval copy when you dont have visa stamp on passport. It is only  the very 1st time tehy check the doc at entry and from 2nd time they dont care that copy as you get your I94 updated and already have a stamp. This is told by POE Officer at Boston Airport. 

HE will definately not be send to India just for i797 copy when he has stamp in passport.  I know a friend who forgot  i20 and came to US with a copy being confused with original. SHe entered US with one day visa and took new i20 from school and went to airport next day and got stamped again. You will not be sent back unless you do something illegal .

 

[jairichi]

I nnever told him to take chance...read my prev comment..

 

 

 However its always good to carry relevant docs when entering country especially on h1b.

 

 

FYI i797 is approval copy when you dont have visa stamp on passport. It is only  the very 1st time tehy check the doc at entry and from 2nd time they dont care that copy as you get your I94 updated and already have a stamp. This is told by POE Officer at Boston Airport. 

HE will definately not be send to India just for i797 copy when he has stamp in passport.  I know a friend who forgot  i20 and came to US with a copy being confused with original. SHe entered US with one day visa and took new i20 from school and went to airport next day and got stamped again. You will not be sent back unless you do something illegal .

 

You misunderstood my statement. I just emphasized your point saying not to take any chances.

That being said, I have travelled few times in and out of US on H1B and couple of times at least I was asked by immigration officer specifically to show my original I797. Not that I have violated any law being in US or my employer is a shady one (employed by one of premier US university). It is just that things might happen in a way different that what we expect and better to be prepared and not to regret later. It is possible that you met a reasonably lenient immigration officer at POE or I met some tougher ones. I don't know.

[bhalc]

My current employer is not giving me original as it is mentioned on the original 797A is - this upper portion should be with employer. Then how to deal with such situation. I know for stamping you need original but not sure for POE. All other web-site has mixed answers. Please ML comment in this.

Thanks,

Green2020

[mgun84]

My current employer is not giving me original as it is mentioned on the original 797A is - this upper portion should be with employer. Then how to deal with such situation. I know for stamping you need original but not sure for POE. All other web-site has mixed answers. Please ML comment in this.

Thanks,

Green2020

 

 

I second your statement. I entered POE at  Washington while returning from Vancouver by car, @ ohare airport and also in Boston airport. I was never asked I797-A . I by habit gave it and they always said they don't need it. 

[rahul412]

My current employer is not giving me original as it is mentioned on the original 797A is - this upper portion should be with employer. Then how to deal with such situation. I know for stamping you need original but not sure for POE. All other web-site has mixed answers. Please ML comment in this.

Thanks,

Green2020

You need the original 797 at POE.

[bhalc]

Its hard to convince employer (new to immigration rules) about giving employee original 797 since it is clearly written on it that this copy belongs to petitioner and only bottom portion belongs to beneficiary.

If we need original 797 for stamping and at POE, why in the world USCIS will put above statement on 797.

Can anyone please educate me, so that I can share that with my employer?

Thanks in advance,

Green2020