return to US on visa expiring in 3 weeks without original I-797

[ksv24]

Hello Everyone,

Last time I was in India, I had gone for a visa interview and I got a 221-G (pink form). I eventually received my visa 5 weeks later. However, the visa is valid only for 2 years (until 29 Sep 2012) even though my work authorization is valid until 01 Sep 2013. My family (wife on H4, son is an U.S. citizen) and I are currently scheduled to travel to India & Indonesia and return on the 11 Sep 2012 i.e. just 18 days prior to visa expiry. Normally, this shouldn't be a cause for worry, but, I only noticed recently that I don't have the original I-797A (Notice of Approval), with validity until 01 Sep 2013. I do have a photocopy of the form and plan to apply for a duplicate of the I-797A (Form I-824). However, USCIS apparently takes about 3 months to process this application and so, even if I apply tomorrow, I will probably get it only by mid-October. Would it be advisable to travel with a certified (by our company's attorney) copy of I-797 prior to receiving the duplicate? The CBP officer at POE has never asked me for I-797 on my previous trips, but, I am worried he/she would on this trip as the visa will be valid for less than 3 weeks from the date of arrival in the U.S.

Your response is very much appreciated.

Thanks,

[SameerH1Bworker]

It is more possibility the CBP office will ask for latest I-797A. Certified Copy or any other type of Copy will NOT WORK. One has to have original.

[vick45]

Its compulsory to always carry your original 797 copy even though you got lucky on your earlier visits. I was asked to show my original I-797 always at POE. Its better you request the duplicate sooner and travel once you have your duplicate copy., also I guess 18 days visa expiry should be fine to travel but pls check with your lawyer for a 2nd opinion too.