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

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.

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Attorney answers 5


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


I agree with my colleague.

Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


I agree with the other attorneys.

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


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,, 3806 W. Irving Park Road, Suite B, Chicago, IL 60618. The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advice specific to your situation and/or case. The statement above does not create an attorney/client relationship. Answers on Avvo are only general in nature; specific answers require knowledge of all facts.


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 attorney to discuss your individual case.