Understanding I-797C for H-1B Stamping and Visa Procedures

The Form I-797C Notice of Action is widely used to communicate various types of information regarding immigration applications and petitions. However, it is important to note that it is not a formal approval notice for an H-1B visa. For successful H-1B stamping, you need to ensure that you have specific documents in place. Let's explore the necessary documents in detail.

Necessary Documents for H-1B Stamping

Form I-797 Approval Notice (Original): This is the Form I-797 Notice of Action that specifically indicates your H-1B petition has been approved. The original approval notice is required for the stamping process. Passport: A valid passport that remains valid for the duration of your stay in the U.S. DS-160 Visa Application Form: A completed online nonimmigrant visa application form. Visa Fee Receipt: Proof of payment for the visa application fee. Job Offer Letter: A copy of your job offer or employment letter from your employer. Supporting Documents: Additional documents that include your resume, educational credentials, and any other documents that support your application.

Why I-797C Alone is Insufficient

Many individuals question whether the I-797C, a copy of the Receipt Notice, can be used for H-1B visa stamping. The truth is, the I-797C is not sufficient for this process as it does not confirm the approval of your petition. You need the official I-797 Approval Notice for that purpose.

Practical Use and Replacement of I-797C

There are rare cases where the I-797C might be acceptable for practical purposes. For instance, an individual on record in Mumbai shared their experience of getting their H-1B visa stamped using a copy of the I-797C. It is mentioned that a duplicate copy of the petition had to be sent to USCIS, and their attorney ensured that USCIS could forward the official approval to the visa consular office (USCIS). The visa officer will verify the receipt number on the I-797C against the PINS (Petitions Information Management System).

However, it is important to acknowledge that not all consular posts and officers accept the I-797C for visa stamping due to reliability concerns. Most prefer to see the original I-797 Approval Notice (I-797A or I-797B) for confirmation.

Conclusion

In conclusion, while the I-797C can be a valid notice of acceptance for an H-1B, it is crucial to have the official I-797 Approval Notice for H-1B visa stamping purposes. It is always advisable to have the original documents for any immigration process to avoid bureaucratic complications.