Difference between I797A, I797B and I797C
August 25, 2008 by Raghu
I was reading the comment written by Arjun for the article - How can I know if my H1B Visa is selected in Lottery. That’s the first time I knew there is I797, I797A and I 797B. I googled to see if I can find the difference between I797A and I 797B. Here are some results I was able to get following answers.
Answer 1
An I-797A is an original approval notice with the I-94 attached. An I-1797B is an original approval notice with no I-94 attached. If you have received an I-797B, this means that the petition itself is approved, but the COS/Extension of Stay is not approved. You would have to go back to your home country to get your visa stamped, and then re-enter the US.
You can stay in the country until the date written on your most recent I-94. The date on the I-94 is what determines the expiration of your stay in the US. ( Murthy.com )
Answer 2
I 797A : Is issued to people ONLY in the usa currently undergoing a change of status (f1-h1, h1-h1, l1-h1 etc). the “A” is for Change of status approved which means the applicant can continue to remain in the USA and work. Hence i 797A will have a green i94 attached to it approving the status approved.
I797B - is issued to those who have never been to the usa or to those who;s change of status cannot be approved. this means you are qualified for the job but your change of status cannot be approved to stay and work in the USA for two reasons:
1. you are NOT in the USA currently.
2. You may have committed an immigration violation, documents submitted during filing do not provide enough evidence that you were legally employed at all times, had never been out of status as a student etc.
Hence, such applicants 9if in the usa) must leave and apply for a visa at a us consulate. the officer will determine if you are eligible for re entry based on the evidence you provide during interview.
I 797C - is a COPY of the approved petition. THIS IS USUALLY GIVEN TO THE EMPLOYERS FOR THEIR REFERENCE FILE.
HENCE, 797A or 797B are given to applicants and 797C is given to employers. (Source: Murthy.com)
I have listed the source of the article, if you are still in doubt, consult an immigration attorney.
Image Credit: Gabe Photo
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Cool..Thanks Raghu ..Its good to know the difference in I797A, I797B.