lost I797, employer not appliying for duplicate


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Hi, my employer lost my I797 original and its been more than 6 months, I am asking to apply for duplicate but they are just killing time by saying we are looking into it, searching the office. My DL and registration expired, I have a copy of original. What can I do at this point of time, when my employer is not helpful. I need to renew by drivers license and want to make some travel plans to India. Thank you... need some advice over here.

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Have you tried simply using the copy for DL renewal? DLs are issued by states so your state may allow - after all, they are really looking only for the petition number to confirm if you are legally present.


Even for travel, you should be generally be OK with the copy (For visas, your petition gets entered into the DS160 form and subsequently gets verified by the consulate thru PIMS ie Petition Information Management System. And for returning back to US, your valid visa stamp + copy of approval should suffice for the CBP officer with an explanation that original is lost).

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Hi, Thank you for your replies... I am really grateful. @pontevecchio.. IDK about DL with I94.. I do went to DMV with all my docs including copy of I797, they just turned  me away saying we need original. (NY state). I still have paper I94, stapled to passport and I haven't travellled out of the country for new electronic I94. @rksingh, ur post really makes me feel less worried.. I am planning for India only to get my H1B visa stamped for 2015. Let me double check with attorney before I make any plans. Regarding DL, NY state sounds tough.... they were just concerend about my original. I explained them but it was not helpful, they just turned me away. My employer seems like not bothered about all this when i informed my situation.

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