in how many days after h1b approval does lawyer receive i-797 approval

by Bridgette Torp 7 min read

Usually it takes 1 to 2 weeks. Your employer and your lawyer both will receive approval notices. I received my approval notice within five days.

Full Answer

How long does it take to get approved for H-1B?

After 30 days, it will have to be done through an extension with USCIS. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. IF YOU MOVE OR CHANGE YOUR ADDRESS

What happens after H1B approval notice is sent?

Oct 17, 2016 ¡ There is not a way to retrieve the actual I797 approval notice online, and the CBP website does not change for I94 purposes. It is USCIS that grants the extension of time. The employer's attorney will receive the I94 approval notice and the employer will receive the courtesy copy approval notice.

Can I Activate my H-1B after I-797 Approval?

Nov 08, 2012 ¡ Usually it takes 1 to 2 weeks. Your employer and your lawyer both will receive approval notices. I received my approval notice within five days. As long as your petition is approved, you do not need to worry.

Is I-94 same as H1B approval notice?

In an H-1B case without premium processing, after your employer has petitioned for your H-1B visa, USCIS will, normally after approximately one to two weeks, send a receipt notice on Form I-797. The receipt notice will contain your name (listed as the beneficiary), your employer's name (listed as the petitioner), and the address of the Service Center that has the petition.

How long does it take to get H1B approval notice after approval?

USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks.

What happens after I-797 approval notice H1B?

If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be 'activated”.

What happens after I-797 approval notice?

I-797, Notice of Action Depending on the petition type, it either means you will receive your green card soon, or USCIS has forwarded your case to the next agency to move your application or petition forward.

What happens after H1B case is approved?

If the application has been approved the employer will receive an approval notice from the USCIS, this approval notice will be forwarded to the employee so that he/she may be able to produce this at the visa office for stamping of the visa.

What is the next step after petition approval?

After USCIS approves your petition, they will transfer your case to the Department of State's National Visa Center (NVC) for pre-processing. The first step in this processing is the creation of your case in our system. Once this is complete, we will send you a Welcome Letter by e-mail or physical mail.

Can I transfer H1B immediately after approval?

Q: Can I transfer my H1b before October 1 to a different employer? I already have the H1b approved. A: Yes, it is possible to file for an H1b transfer before October without pay stubs from the first employer. All you need is a confirmation of your H1b approval.

What is the next step after receiving I-797 A?

NVC will processes all approved immigrant visa petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing. NVC will then forward the approved petition to that consulate.

How long does it take for I-797 approval?

2 to 3 weeksThe Form I-797 approval notice is usually issued 2 to 3 weeks after you've submitted your application to the USCIS.Mar 16, 2022

How long is I-797 good for?

A Form I-797, Notice of Action, receipt notice of Form I-90, Application to Replace Permanent Resident Card, with an expired PRC. This notice extends the validity of the PRC for 12 months from the "Card Expires" date on the front of the PRC.Jun 14, 2021

Does I-94 number change after H1 approval?

If you were inside US when the H1 was approved, you should have received I797 with new I94, unless the H1 was filed with consular processing.May 22, 2018

What is meant by Case was approved and my decision was emailed?

Usually, if you file in premium, you would informed by email. This H1B case status “Case was approved and my decision was emailed” indicates the decisions of approval that is sent by email to the attorney/ employer. This case status only appears for the H1B petitions filed under premium processing.

Is I-129 same as I 797?

The I-129 is a multipage form that your employer submits to the INS. I-797 is usually a single (double sided) notice with a statue of liberty watermark.Dec 17, 2002

Getting Your Application Receipt Number

in a case without premium processing, after your employer has petitioned for your H-1B visa, USCIS will, after approximately one to two weeks, send...

Checking The Average Processing Time of Cases in Your Category

Once you have checked your current case status, you can also review the current processing times through theUSCIS Processing Times Information webs...

What If My Case Is Taking Longer Than USCIS's Estimated Processing time?

The information you get from the USCIS processing times website is USCIS’s best guess based on its most recent data. It’s not exact, and you can’t...

Will I Be Affected by Annual Limits on First-Time H-1B Visas?

As mentioned above, you may be applying under the H-1B cap—that is, an annual limit of 65,000 on the number of H-1B petitions approved. USCIS allow...

Lalita Haran

I know this can be stressful although mail processing could take a few days to about a week. Do you know if the notice was mailed by courier service? That will be speed it up!

Lori Altorfer Pinjuh

There is not a way to retrieve the actual I797 approval notice online, and the CBP website does not change for I94 purposes. It is USCIS that grants the extension of time. The employer's attorney will receive the I94 approval notice and the employer will receive the courtesy copy approval notice.

Andrew G. Thorley

Unless the company included a self-addressed courier envelope, US CIS still uses regular mail to return approval notices to employers and those in the mail room are not always swift. Your online option is limited to the case status only, so do keep checking with your company's immigration attorney for the original I-797 approval notice...

Background : H1B Registration, Petition Filing, Approval

Typically, once the H1B registration was selected in the H1B registration lottery process, most of the applicants would file the H1B petition with USCIS.

Next Steps after H1B Approval from USCIS

The steps after receiving H1B Approval notice fall into two scenarios based on the H1B petition filing, either Consular Processing or Change of Status (COS). Let’s look at each of these in detail

When can you apply for H1B Visa Stamping ? How many days Before ?

As per the US Dept. of State Consular processing website, for H1B work visa, you can apply for US Visa Stamping up to 90 days before the petition start date. If you went through H1B registration lottery, we can assume you are new cap-subject petition and your start date would be October 1st.

When can you enter US on H1B after Visa Stamping ?

As per US Department of State, You can enter US on H1B only 10 days prior to your H1B start date on your approval notice (I-797 form). Technically, what it means is that, if your H1B start date is October 1 st, then you can enter America on or after September 20 th on H1B Visa.

Pre-departure checklist for H1B Visa holders

If you are flying to America for the first time on H1B visa, there are quite a few things that you can do in your home country to make your life easy in USA and maybe save some money too…We have written an article covering booking tickets, health checkup, driving license, list of things to carry, etc.

How long does it take to get a decision from USCIS?

This guarantees a decision within 15 days of filing, or within 15 days of a response to a Request for Evidence, if USCIS issues one. It has been calculated as 15 calendar days for many years, though USCIS is attempting to change it to 15 business days (still caught up in litigation as of early 2021).

How to contact USCIS about a case?

But if your case is outside of the estimated processing time, the employer can call USCIS at 800-375-5283 or use the link on the processing times page to place a service request.

How long does it take for USCIS to respond to a request for evidence?

But even so, USCIS should make a decision within 15 days after receiving your employer's response to the request.

What is an I-797 approval notice?

The i-797 approval notice is just a receipt form/notification that you don’t have to fill but it is used by USCIS to notify you about your application status. It doesn’t act as a benefit and you cannot use this to travel or get employed in the U.S until your status has been finalized and you get your green or benefits card.

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How long does it take to file an H1B petition?

Employers get 90 days, starting from April 1st, until June 30th to file the H1B Petition for the selected applicant.

When is the second round of H1B registration?

The filing dates for the second round applicant was from August 17th to Nov 16th, 2020. You can check Sample H1B registration from Second Round Lottery .

Will USCIS send out H1B receipt notices?

After USCIS receives the H1B application package, they will process it and will send out H1B receipt notices. USCIS in recent years have stopped premium processing filing option for everyone during the initial filing. But, for FY 2022 season, they have not released any press note indicating the suspension of premium processing.

How long does it take to get approval for H1B?

H1B premium processing is getting approval within 1 to 15 days of filing. Applying H1B in premium does not increase your chances of H1B RFE or denial.

Can I raise my H1B service request?

If your ‘ case receipt date ’ is before the USCIS service request date mentioned above, you should ask your employer or attorney to raise a service request with USCIS to check why your case has been delayed. Only your employer can raise the service request for the H1B application.