i-797 approved without I-94

[SEllath]

Hi Everyone,

Recently I received  my I-797 approval noticed without I-94 printed in it . In the approval notice it is also mentioned as given below.

The above petition has been approved for the classification requested

In this case, can I go ahead and file a I-539 form to issue and new I-94? 

My I-94 is expiring next week & appreciate your feedback.

 

Thanks

[Chetan Mehta]

Hi,

Congratulations. But approval notice without I-94 attached to it means you need to go for consular processing. Take an appointment with any US consulate/embassy (Canada, Mexico, Jamaica, India etc) and get a fresh US visa and re-enter. These days, its better to go and apply from your home country for two reasons (1) Higher scrutiny: it may take more time for processing your visa. Worst case if form 221-g is issued, it may take anywhere from 2 weeks to months (in many cases it has taken 10 months) and (2) Gives credibility to your application when you are applying from your home country.   

Good Luck. 

 

Chetan Mehta