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H1 original copy lost by the attorney**************

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starruby

Junior Member
What is the name of your state (only U.S. law)?

Chicago

Hello ....My H1b was approved in June 09, and my employer has received his copy (i797B) of which I have a copy. Original i797A which is usually sent to the attorney has been misplaced.

My employer is playing around the bushes by saying he has applied for a duplicate copy around Dec 09, till date he says he hasn't received any kind of receipt from USCIS saying that the form for i797A duplicate is not being picked yet.

I am in a state of desperation for being helpless and not knowing what to do**************......Is there anyway I can apply for i797A duplicate copy myself without his knowledge( I have the copy of i797B - employer copy).


Please help me ....your guidance or suggestions would be of great HELP **************.

Thank you

abiWhat is the name of your state (only U.S. law)?
 


ImmigAttyLana

Senior Member
You cannot apply for a duplicate since only a petitioner can do this. Are you in the US or abroad? If you are in the US, the copy you have from the employer is enough. To consular process for a visa abroad, the employer's copy should also be sufficient.
 

starruby

Junior Member
Thank you for your reply,

I am currently in US with the copy of I797B. I need to go to india within next three months.

Would a copy of i797B be enough for visa stamping from india?

Can I apply for change of status of my wife from H1 to H4 with I797B copy. If yes please advice.


Thanks in advance

abi
 

ImmigAttyLana

Senior Member
You need to contact the appropriate US Consulate in India where you will be consular processing to find out whether they will accept the document you have on hand. As for your wife, if you are talking about changing status within the US, then it is not a problem to do it with the I-797B. If you are talking about getting her a H-4 visa, it is the same issue as for you and you need to speak with the particular Consulate.
 

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