H-1B: Form I-797 Types – A, B and C

Corresponding to the H-1B, we have three approval I-797 forms I-797A, I-797B and I-797C. I-797 is an H-1B approval notice (known as I-797,Notice of Action) issued by the USCIS (United States Citizenship and Immigration Services) to the petitioner when a candidate’s petition for an H-1B is approved.

For an H-1B petition approval notice, the Case Type would be “I129, Petition For A Nonimmigrant Worker”.

I-797A:

I-797A is issued by the USCIS to the applicant with an I-94 approving the extension of stay in the U.S. This typically means that the change of status(F1 to H1, L1 to H1) has been approved and the candidate can legally continue working in the United States. When an I-797A is received by the petitioner, this must be handed over to the applicant and the H1-B holder must preserve it for future purposes such as visa stamping, etc.

The I-94 form attached to the I-797A form is the replacement for the one which you would have currently. You could continue your stay in the United States until the specified date in the new I-94 attached to the I-797A.

I-797B:

An I-797B is issued either to an applicant who doesn’t reside in the United States and has been applying from his home country or also to a person residing in the United States. In the second circumstance, the USCIS approves the H-1B petition to the applicant residing in the U.S, but doesn’t approve the change of status.

There is no I-94 attached when an I-797B is issued. I-797B must be given to the applicant by the petitioner. A candidate who receives an I-797B must have to go for visa stamping to their home country and only then could enter U.S.A. with a valid visa stamping.

I-797C:

When a petition for H-1B has been approved, the petitioner also receives an I-797C form along with the I-797A for the applicant. The petitioner must preserve this document for future references and communications with the USCIS as well as any queries from the U.S. Consulate.

I-797C form is also issued to the petitioners to respond on rejection of applications, communicate on payments, interviews, reopen cases and setting up appointments, etc.

Here is a sample I-797A form attached for your reference:

31 Comments on "H-1B: Form I-797 Types – A, B and C"

  1. I Have a I-797A granted and now due to expire, how do I extend this

  2. Today i received My approved i797A from attorney but notice action is showing my old petition end date that is past 30Jun2018 but at bottom i94 is showing Jul2020. No sure but i have raised it to my attorney.
    Can any one tell me possible steps.

  3. sairatan nangunuri | December 9, 2017 at 10:39 am | Reply

    I forgot to sign on my I-765. I just got back my application with from I-797c, Notice of action. now should I pay a new money order or can I send back the previous money order for my fee for $410?

  4. Hello , My Name is rithu. I was on F1-OPT till September 30th, 2017. My H1B got approved 3 months back and got effective from this October. But in i-797A scanned copy, which i was received from my employer, its saying “the above petition and extension of stay have been approved”. I am little confused about this. Is this correct? This is my first H1B that i got approved.

  5. Hello, my name is rithu, I was on F1-OPT till September 30,2017. My H1B got approved and got effective from October 1st, 2017.In my I-797A scanned copy which i received from my employer, it is saying “the above petition and extension of stay have been approved”. Is this correct? instead i didn’t apply for extension. Please let me know if anyone know about this?

  6. Balaraju Pandiri | September 6, 2017 at 12:03 pm | Reply

    Hi Team,

    I have received I-797A on May 22 2017 but I came to India on May 8th 2017 Just two weeks before approval due to completion of the current project and continued to stay in India. My 194 in US site showing that 1st September 2017 is last date as per old petition but I94 attached to I-797A is showing till April 2020. So do I need to go to stamping again in my country India or I can travel with new petition I-797A with out stamping. I have visa stamping in my passport till 1st September 2017 which is expired as per my last petition.

  7. hi I am on H1b visa and changed my employer last year and received I 797c approval copy without I-94 attached, there was typographical error on my name so my attorney followed up with USCIS but its been an year and we have not received my I-94 yet. Is it legal to stay in US now , also my old I94 (with previous employer) is also expiring in a month. Please suggest.

  8. Hi,

    I received a copy of form I-797C notice of action from  the company which filed my H1. Wanted to know what this means. Is my H1b accepted or is this just a receipt of acknowledgement that petition is received by USCIS?

  9. Hi:

    My visa stamped is expired. I renewed my H-1B in Sep 2014, but since, we stayed in the US. Now, I change job, but my new I-797A has not arrived yet. I have to travel outside the USA. Can I get a new visa stamp using the I-797A form I had with my previous employer?

    Thanks.

  10. Hello.

    I just received my approved I797B today which is valid from March 18, 2016 – November 19, 2018. I am currently employed here in the US right now. Is it possible to have my 2nd visa stamping either in Mexico or in Canada instead of going back to the Philippines?

    Thank you.

  11.  

    Hi All,

    MY h1b I-797B petition, valid from 10-1-2008 till 9-13-2011 and I never attended a visa interview neither booked a visa appointment till date. Now I want to travel to US. How do I proceed now, would it be a fresh h1b filing and have to go through lottery?

    Thanks in advance

  12. Hi All,

    In 2014, my employer has filed my H1b. Due to some personal family constraints I have quit the employer in the month of April, my H1b got picked in lottery later in the month of May. As I have quit the Org, my Employer has withdrawn the case.

    I have EAC number with me.. Is it possible for me to get the Petition number document(document sent by US Immigration when lottery picked) from my previous employer, so that I can process through my current employer.

    Please let me know your thoughts and any idea that i can go through further.

    Regards,
    Munna

  13. Hi All,

    Dear All

    I have I797 C COPY and my agency telling to go usa on visit or b1 visa and transferred to H1 B after finding new employer who will give I797 B copy and get it stamped H1 B in USA it self ……my quary is it possible that way!!

    Thanks in advance
    Ralf

  14. Hi, My H1B visa petition is approved on August 2013 and valid until August 2016 but I don’t have I797 approval notice, but have petition number, So I want to ask that is I797 mandatory for H1B visa transfer.

  15. Hi ,

    I have approved i797B form and visa stamping rejected due to invalid client & employer issue , I797B form showing valid from 9-2010 to 10-2013 .

    Can i use same 2010 year approved I797B approval with new employer for Visa stamping again , Will it possible ?
    If yes, is it better to go with with existing i797B approval or fresh H1B petition .?

    Please advice .

    Thanks
    Sam.

  16. Hi, I got approved for COS L1 to H1 and received my new I 94 having same number as the old one. But on new I 94 document I dont have any expiry date. Please let me know if I have to do anything,

  17. Hi,

    I received my I-797B form with an expired date, which is Sep 28, 2012 on Oct 15th 2012. I am in US and as I-94 is not received, I have to return to my country. On what basis can I go for H1 renewal in the consulate mentioned in the form, when the date is past dated in the form?
    Can my lawyer renew the I-797B form?

    Regards,
    Naga

  18. Hello,

    My H1B has been filed by my employer, petition form was I129 – I am in India currently, So now the approval form will be I-797B? Am I right?

    • @Vamshi
      Yes. You will be receiving an I-797B and you need to attend visa interview and get your visa stamping.

  19. Urgent,
    I’m in the USA working as an Intern (F-1 Status). My company filed the H1B Visa paperwork this year throughout an external Attorney’s firm.
    I got my I-797C, Notice of Action, but neither my HR manager or me know what to do now. A friend told me that I have to leave USA to get my visa. I would like to know what should I do next. Can somebody told me, what should i do after getting the I-797C, Notice of Action form?

    I truly appreciate it.

    • @Kailash
      I-797C is for your employer. You would be receiving an I-797A or I-797B. That is your approval notice. Please check with your employer.

  20. Yesterday,I received an I-797C for the I-130 I recently filed for my wife to come join me in the USA. I was very happy and looked up the cast status immediately. It said 990 to 999 days. Is this correct? I hope not, otherwise I’ll have to move to China. I don’t think I could stand that long of a wait. .
    What do I do with this Notice of Action I recieved. Can I start filing K3 now?

    Thanks,
    JITINDER

  21. ABHAY, Mumbai

    What is the procedure to get renew I-797B form? as i have already got one in which the period mentioned was 01-11-2009 to 31-10-2012

    In fact, i appeared for interview about 2 years ago. Provisionally visa was granted as my application went under administrative process. But in june 2011 embassy asked me to provide renew I-797B form.

    Please help me

    • Am in the same situation too, Guys can someone help us out. I got my 1-797B few years ago and haven’t used it till now. Now that i realized it is going to expire and i want to move to US as well. How do we renew the work petition ?

      • @Santhosh S and Abhay
        I would say you need to go through the regular USCIS procedures and make your employer file a H-1B extension. This should allow you to get a new I-797B and you could then move to U.S. after successful H-1B visa stamping.

  22. Hi,
    My name is Arjun. I am looking a form I-797 that my sister in law filed for my wife years ago. She was not my wife then, but what are they(we) waiting on. Here is some information on the form. Receipt Date: july, 2004, priority date: march 03, 2004, notice date: August 21, 2011, Notice type: Approval Notice…. So what is the next step? Do we have to do anything else or just wait? Thanks
    2012.

  23. @Sukanth Jinka
    R1 visa is for religious workers who can work in the U.S. Every one is not applicable to this visa. If you want to apply for another visa first you may need to decide if you want to come to the U.S. for work or visit. H1/L1/B1 are the visas using which you can enter U.S.A on a work basis. With H1/L1/B1, you could apply for H4/L2/B2 correspondingly for your family.

  24. Sukanth Jinka | August 22, 2012 at 7:49 pm | Reply

    Its Urgent
    My R1 (I-797) is approved till 2014. I assumed that my family is entitled for R2 visa. Last month I took my family of 5 and applied R1 for me and R2 for my family. At the interview Visa officer said, “Sir your family does not qualify for this kind of visa at this time but you can re-apply at any time”. With this he gave all 6 passports back and with a form 214B.

    Now, I want to apply visa for myself alone. I am not sure if I will get visa on R1 basis. Can I apply B1/B2 visa? Also please let me know what are my options in this situation?

    Please advise and I appreciate your help.

  25. Which documents should i have to take to H-1B stamping? I-797 A or C or Both?

    • @Ashitosh
      I-797C form is issued to the petitioner and the petitioner saves it for further use. You would only be provided with the I-797A. So, you need to take the original I-797A for the H-1B stamping.

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