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H1B VISA approved after RFE- Received I797C without I94? - Why so? What could my option

Dallas, TX |

I am on F1 Visa, H1b got approved, received I-797C without i-94. But, the I-797C says " The petitioner should keep the upper portion of this notice, the lower portion should be given to the worker. He or she should keep the right part with his or her form i-94......

My last h1b was been approved in 2012 out side US but never went for New Visa/ Stamping -
http://www.avvo.com/questions/h1b-petition-was-approved-in-oct--12-for-3-yr--out-1063990/edit_additional_details

I appreciate all your help and time in advance

Attorney Answers 3


  1. Best answer

    It sounds like you received the courtesy copy issued by USCIS to the alien. Your employer will receive the original which will have the I-94 on it.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  2. Your i-94 most like was sent to your employer or the attorney that handle the case. Contact them first to make sure. If they do not have it then contact USCIS.


  3. Your employer should have the official copy including the I-94.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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