Previous I-797s for AOS


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Dear all,

My date is current and waiting for PERM to approve with new employer. As I heard from my current employer attorney, I have to submit all I-797s from entry of US till date. If I don't have few of them what would be best way to get the copies. Tried with previous employers but no luck.

As well I have my H1 extn filed and if PERM is approved meanwhile can I apply AOS while H1B is pending?

Thanks in advance for answering my questions.

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  • 2 weeks later...

What your attorneys really are asking for are your I94s to establish legal stay...remember the I797 is really just a notice of some form of action...In itself the I797 form is less important than the I94 card that comes with each approval notice of H1/H4 extension

Provide as much information as you have to your attorneys.........if you have been with same attorney, they may be able to fill in any gaps from their records.

Another way is to try and see if the online I94 record (using your passport number and date of entry) can help establish continuous legal stay.

You can apply for AOS while H1B extension is pending

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