H1B extension stamping without original I797A (since returned as undeliverable)

[nap83]

Hi,

My H1 was filed a few months ago (for extension). Between the filing of the visa, and the processing of the application, our company moved to a different address. Due to this, on Aug 29th, my status was Request for Evidence. My employer and the lawyer followed up with USCIS, and provided them the new address, and documentation supporting the move. It was finally approved, and on Oct 6th, the status said that the approval notice had been mailed. The lawyer received the courtesy copy, but my company did not receive the original I797A with the I-94. I assumed the notice is on its way, and since I was planning a trip to India, I took a visa appointment date of Nov 8th in Mumbai. But on checking the status again today, I found that on Oct 25th, the post office returned the notice, and the status says "Initial Review".

My lawyer is going to contact USCIS, and they told me that "Under the visa issuance system now in place, the hard copy approval notice is not actually a requirement for the interview, since the consulate will only issue the visa if the USCIS approval is in the consulate’s PIMS database, which it should be by the time they apply. The State department has stated that approval notices are not required. "

Does this mean I can go ahead with my trip and the interview? Or do I need to cancel my plans?

Would appreciate any inputs.

Thanks.

[tusharvk]

Hi,

My H1 was filed a few months ago (for extension). Between the filing of the visa, and the processing of the application, our company moved to a different address. Due to this, on Aug 29th, my status was Request for Evidence. My employer and the lawyer followed up with USCIS, and provided them the new address, and documentation supporting the move. It was finally approved, and on Oct 6th, the status said that the approval notice had been mailed. The lawyer received the courtesy copy, but my company did not receive the original I797A with the I-94. I assumed the notice is on its way, and since I was planning a trip to India, I took a visa appointment date of Nov 8th in Mumbai. But on checking the status again today, I found that on Oct 25th, the post office returned the notice, and the status says "Initial Review".

My lawyer is going to contact USCIS, and they told me that "Under the visa issuance system now in place, the hard copy approval notice is not actually a requirement for the interview, since the consulate will only issue the visa if the USCIS approval is in the consulate’s PIMS database, which it should be by the time they apply. The State department has stated that approval notices are not required. "

Does this mean I can go ahead with my trip and the interview? Or do I need to cancel my plans?

Would appreciate any inputs.

Thanks.

you may need to contact vfs. But can you please tell me how you scheduled the appointment if you did not have original i797a as this is required to make appointment.

[nbendi]

@nap83

Even I faced a similar situation in January 2011.At that I have a family emergency in India and I couldn't make it. My petitioner received I-797 approval copy but not I-797 with I-94.The USCIS displays the message as "postage undelivered' My petitioner reapplied for a duplicate copy for a charge with USCIS ,I received the h1b document in about 30 days. If your petitioner has applied for a dupliate copy, you will receive anywhere between 30 - 90 days. In the meanwhile don't make any travel arrangements without h1b document rather than travelling with h1b approval notice.

Thanks

winter21

[nap83]

@tusharvk - I have the courtesy copy that was sent to my lawyer.