H-1B I797A legal to work, I94 Legal to stay

Every H-1B worker must have these two H-1B I797A copy and I94 valid copy no matter what. Just check all your I797A copies in case if you do not have I797A but I797B/C/D/E/F etc.

Many Indian employers do not share these H-1B I797A copies to the employees. Many of such victims or followers/subscribers contacted Kumar in the past. Kumar is writing for them to aware of this.

H-1B I797A copy is must to work with a valid start date and end document must be with you.

Same time it should have I94 valid date to stay legally in the USA. In case I94 is not there on I797A copy then you need to exit USA and get it stamped in nearby USA consulates outside USA. Based upon the VISA(travel document) issued along with I797A copy stamped and at POE(Port of Entry) you get I94 date stamped on the passport to stay legally in the United States of America.

The USCIS issues a Form I797C to communicate critical information regarding your application. …

Usually they send in the 797 C first then the A. the 797 C is like a cutesy notice.

The major difference between Form I797A, I797B, and I797C is that both A and B are issued to applicants, while C is issued directly to the applicant’s employer.

In case you did not receive your I797A copy, request USCIS through e-request.


Figure A: The above picture red color highlighted is for you H-1B employee must have with you.



Figure B: the highlighted area, click to enter your details to get the I94. If it is expired, check immediately with your employer, what’s next?

In case of ambiguity over I94 status, request USCIS e-request please go to www.uscis.gov/e-request your I797A copy if not received by them to your employer. 

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