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Misspelled In I797 And Pending Visa Stamping

Discussion in 'Nonimmigrant Visa Applications Generally' started by shyamsundar_cse, Sep 3, 2016.

  1. shyamsundar_cse

    shyamsundar_cse New Member

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    I have name (benificiery) misspelled in I797. I am in india currently and have applied for h1 under non cap.

    Correct name : Shyam Sundar
    Printed Name : Shyan Sundar
    Petition approved on Aug 26 2016

    I have informed my attorney to have this fixed. Note: I129 have correct details

    1) I have my visa stamping planned, can i go to interview with the current approval notice. as My Travel to US has been planned to Sep 26th given only 20+ days.

    2) do we get name changed status approval from USICS before the new approval notice. if so time frame.

    Please advice. Any help would be highly appreciated
  2. Kevin Kurian

    Kevin Kurian Attorney at Law

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    You need to speak with the immigration attorney representing the company in connection with this H1B petition. If the company authorizes you to have a copy of the H1B petition (even a redacted copy will suffice), you can possibly show that the error on the 797 was USCIS' error and not the error of the petitioning employer.

    As for the time frame, typically, in cases like these, a Service Request is placed with USCIS requesting that USCIS amend the 797 to correct their own error and issue the 797 with the corrected Beneficiary's name. However, the USCIS' timeframe can vary greatly as to when they address issues raised to them via service requests. You need to work with the attorney representing your petitioning employer in connection with this H1B petition to have this issue resolved.

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