Is it required to submit previous I-797's from OPT for AOS application?

Asked over 2 years ago - Chicago, IL

I'm currently on OPT STEM extension and I am preparing documents for I-485 (EB2-NIW). Is it necessary to include all I-797 approval notices from my original OPT and STEM extension? The problem is I can't seem to find the I-797 approval notice for my STEM extension. I don't even remember if I received it. I got the EAD card in April and didn't think much of the I-797. I do have both EAD's and the I-797 for the original OPT. Would copies of the EAD's be enough or would I get in trouble for the missing I-797? Thanks for your help.

Attorney answers (5)

  1. Dhenu Mitesh Savla


    Contributor Level 17


    Lawyers agree

    Answered . Should be okay as long as you have got the rest of documents. If you receive an RFE, contact an attorney.

    Dhenu Savla, Esq.
    SwagatUSA, LLC

  2. Jennifer Lynn Bennett

    Contributor Level 10


    Lawyers agree

    Answered . As my colleagues have stated, you will most likely be fine with the copies that you do have. However, there are no certainties--it may all depend upon which officer in the government reviews your application. If the officer that reviews your application wants to see more documentation, he/she may issue a "Request for Evidence" (RFE) asking you for more documents. If you have any doubt, contact an experienced immigration attorney to assist you with the process. Good luck!

    FOR CONSULTATION on IMMIGRATION or FAMILY LAW MATTERS Contact: Law Offices of Jennifer L. Bennett, 312.972.7969,... more
  3. Luis Alberto Guerra


    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleague.

    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be... more
  4. Stephen D. Berman

    Contributor Level 20


    Lawyer agrees

    Answered . You will need to prove your employment was authorized or you risk losing eligibitilyt for adjustment.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  5. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . I agree with the other attorneys.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only.... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Carl Michael Shusterman

How to Renew your Green Card

Renewing your Green Card, or Permanent Resident Card, is important. If you have an expired Green Card you may be denied re-entry into the United States. You could also be charged with a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,722 answers this week

2,991 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,722 answers this week

2,991 attorneys answering