Is all H1 Approval I-797A - Required for GC

[mrranjith]

Hi,

I'm working in EVC model and got an offer in EC model. Now i like to move to the company which has EC model.

I have the H1 transfer receipt - I 797E form. After the approval i have not received the petition (I-797A) from my employer.

My question is, will H1 Approval petition (I-797A) need for GC process ?

Or the H1 receipt notice (I-797E) is sufficient ?

Please help.

Thanks you so much.

RK

[shandan]

I think you would need the I-797 Approval to prove that you were in status to file AOS.

[userone]

Please note the following types of I-797:

I-797, Notice of Action Issued when an application or petition is approved. I-797A, Notice of Action Issued to an applicant as a replacement Form I-94. I-797B, Notice of Action Issued for approval of an alien worker petition. I-797C, Notice of Action Issued to communicate receipt of payments, rejection of applications, transfer of files, fingerprint biometric, interview and re-scheduled appointments, and re-open cases. I-797D Accompanies benefit cards. I-797E, Notice of Action Issued to request evidence. I-797F, Transportation Letter Issued overseas to allow applicants to travel

Going by what you have mentioned, are you sure that you received an I-797E because it mean that you received an RFE (Request for further evidence)? Your employer needed to act with additional documentation to support your H1 or you will be in trouble.

I understand that you don't need an approved H1 petition (I-797A) to work for your new employer (E-C model), however it is more important to concentrate on your H1 and get it approved before thinking about Green Card.

If you are adamant about GC then I assume you are on the verge of initiating your Green card process. USCIS and Dept. of Labor are two different entities, however approval of Labor is required to proceed with the next stage of GC application (NOTE: this does not apply if you are applying on EB-1 category).

For Labor, you do not need to prove your status in this country, however, there are other documentation your employer needed to provide to prove that they couldn't find a US worker who could suit the requirement to the opened position. Typically takes around 1 year time from the time it is initiated to getting the Labor approved.

Murthy forum is an excellent resource to find more about GC and lot of our friends have given details around every stage of the GC process. I would let you focus on your H1 and getting it approved than focusing on your GC at this time. Good luck.