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strange situation with I-797 a notice of action

Discussion in 'General nonimmigrant visa issues' started by vid007, Jul 16, 2008.

  1. vid007

    vid007 Junior Member

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    Please help me in this regard. I have an approved h-1b petition till sept 2010. Unfortunately, while I was photocopying my original I-797 A notice of action, the whole paper darkened out because of my wrong feeding into the photocopier machine. Now my original I-797 A notice of action is totally dark. Do I have to file for a duplicate I -797 A and also I -102( for my I-94 which is also darkened out). please help me in this regard if you have ever faced a situation like this before.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: strange situation with I-797 a notice of action

    I've never heard of that happening. You must have one powerful photocopier! File an I-824 for a duplicate.
     
  3. vid007

    vid007 Junior Member

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    Re: strange situation with I-797 a notice of action

    Thanks for your suggestion Ron. However, I would also like to know from you.. since my original I-797 A notice of action had I -94 card (which is also darkened out in this case), Should I apply for a new I -94 card through I -102. Kindly advise me in this regard. thanks and regards, Vids
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: strange situation with I-797 a notice of action

    The new approval notice should have the I-94 attached.
     
  5. vid007

    vid007 Junior Member

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    Re: strange situation with I-797 a notice of action

    Dear Ron,
    once again, thanks for your prompt reply. Is it true that the new duplicate apprioval notice does not come with an I -94? because i remember reading in the instruction sheet of FORM I -824 that the duplicate notice will contain only the info of the original I -797 A and not the I -94. In which case, should I apply for a Replacement of I -94 card? How long does it take for a duplcate I -797 A and also replaced I 94 card?? Since my case is a striaght forward one and also since I have my originals, do you think it will not take too long to process?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: strange situation with I-797 a notice of action

    There is an easier way to handle this if you have an H visa. The CIS always sends two copies of the approval notice: the original and a courtesy copy. If you have a visa, take the second copy and go to the border and re-enter with the visa and the second copy of the approval notice. If you don't have a visa, you might want to consider applying for one.
     
  7. vid007

    vid007 Junior Member

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    Re: strange situation with I-797 a notice of action

    Actually,
    I am yet to go for my visa stamping to my home country which i am planning to do next yr in the month of Feb. in which case , i need to apply for a replacement of I -94 card right? I actually have the paper work for my h-1b but i m yet to go for my stamping back home.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: strange situation with I-797 a notice of action

    If you have a courtesy copy of the I-797, then just file an I-102 for a replacement I-94 and that will tide you over until you get a visa.
     
  9. vid007

    vid007 Junior Member

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    Re: strange situation with I-797 a notice of action

    Dear Ron,

    I had requested for a clarification to Visa consulate, India on whether I can go to India for H-1b stamping with the I-797 courtesy copy (which is with the employer) . This is the reply I got from Chennai consulate, India. Do you think this email is enough for me to prove that I797C notice of action is sufficient for visa stamping by showing the email sent by them.



    Reply from Visa consulate, India:


    Dear Sir/Madam:

    Thank you for your e-mail.

    Yes – You can apply for the H1b visa with the courtesy copy provided it shows your full name and petition details of your employer.

    Sincerely,

    Visa Information Unit
    American Consulate General
    Chennai 600006, India
    Telephone: 91 44 2857 4242
    Fax: 91 44 2811 2027
    Website: http://chennai.usconsulate.gov

     
  10. vid007

    vid007 Junior Member

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    Re: strange situation with I-797 a notice of action

    Dear Ron,
    I was on a j-1 visa from dec 2005-sept 007 after which I am on a h -1b approval petition from Oct 1,2007 till sept 30 2010.
    If you refer my situation where my entire original I-797A approval notice is darkened out. Please correct me if I m wrong. my concern again is for the I -94. Now i will be applying for a replacement of I -94 . Does USCIS get confused and send me the I-94 of my J-1 Visa due to which I can be out of status(because on my j-1visa I-94, the expriry date was sept 2007) or will they send me the new h-1b approval notice I -94 which has no expiry date on it as i still have to go to my home country for stamping. I also realised that both i -94 s have the same number.So, in my case, will they replace me with a new h-1b approved i -94?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: strange situation with I-797 a notice of action

    I have no idea what the CIS will do because they often violate the law when they adjudicate matters. If they do what they are supposed to do, however, they will see that your status was changed and will issue an H1B I-94.
     
  12. kank1690

    kank1690 Junior Member

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    Re: strange situation with I-797 a notice of action

    Hi Vid007

    I am in same situation.what did you do.can you please explain.Thanks
     
  13. sandy86

    sandy86 New Member

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    Hi Ron,

    I've a similar situation where my approved I-797 a notice of action(Page 1) got accidentally shredded by photocopying shop?

    Can I file both I-824 and I-102 with the help of non-employer attorney? or are both applications supposed to be filed by employer attorney only?

    Please let me know your feedback.

    Regards,
    Sandy
     
  14. s_gan

    s_gan Super Moderator

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    I-102 is only for getting a duplicate copy of I-94. Why do you think you have to file I-102?
     
  15. sandy86

    sandy86 New Member

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    Hi s_gan,

    My I-797 A notice of action had I-94 attached at the bottom. The whole page 1 got shredded. I read by filing I-824, one would get i-797 A duplicate approval notice without I-94.

    Please let me know your feedback.

    Regards,
    Sundeep
     
  16. s_gan

    s_gan Super Moderator

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    Did you check if your I-94 is available online? If you can find it online you may not have to apply for I-102.

    https://i94.cbp.dhs.gov/I94/#/home


    -Layman Not a Lawyer
     
  17. sandy86

    sandy86 New Member

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    I94 attached to I797A is the latest/recent one, and it had superseded the one available in https://i94.cbp.dhs.gov/I94/#/home.

    Can I file I-102 on my own? Please let me know

    Regards,
    Sandy
     
  18. s_gan

    s_gan Super Moderator

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    Yes you can.
     

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