797 for h1b cisa usa
- Thread starter hp1979
- Start date
Do you have a current H1-B visa on your passport? If you do, you don't need to upload your I797. If you don't you should upload it, since that will establish your legal presence.
Many people have expired visas - it's not illegal as long as you have a valid I-797, the only rule is that you'll need a new visa if you leave the US and want to come back.
Many people have expired visas - it's not illegal as long as you have a valid I-797, the only rule is that you'll need a new visa if you leave the US and want to come back.
Hi 21Goose, While I am in the EE pool at 433, i am also applying for Canada study permit from USA, and need your help with a question.
My H1B visa stamp on passport expires on Aug 04, 2019. However, my I797 is expired (Jan 10, 2019) while H1 extension has been filed and awaiting approval. So, with my study permit application, is it sufficient to just include H1B visa stamp copy and skip all I797 copies?
Thank you!
I would upload the visa since that should be sufficient. But I left the US shortly after the Trump admin came into power and I know that lots of things have changed now, so I'll let someone with more current knowledge answer.
Thanks for your help & super prompt reply!
By the way, this H1B visa stamp on my passport is from 2 years back, still shows validity till aug 2019. However, since I had got a few H1 amendment last year, my last I797 got approval till Jan 2019 only. Any thoughts, if that can create a problem..I mean if I just include valid H1b stamp but if they run my H1B status check with USCIS it will show that my latest petition already expired? Thanks!
Yes, your status will be checked. You need to prove that you're legally in status when you apply. Can you upload your extension petition to show that you're in implied status?
As of now, I have my last petition expired Jan 2019, and USCIS acknowledgment receipt for extension filing. My dilemma is this exposes expired I797 even though original H1 visa stamp is valid, but if CIC run checks with USCIS then they will anyways see that petition is expired, hence acknowledgment receipt for extension filing may be needed...Do you think this will work..or I should really wait for my H1 extension to be approved before applying Canada study permit?
The H1 visa doesn't grant you valid status - the I797 does. That's why you can live in the US with an expired H1 (or no H1 at all, if you came on an F1 visa and then just started working) but not an expired I797 (unless you're in implied status).
You should upload the acknowledgement receipt since that is what is currently granting you status. If you can wait for everything to be approved, then that will simplify matters.
ok great..thanks for being so much clear and spot on!
1) Have you seen any cases where implied H1 status as in this case (on the basis of acknowledgment receipt) were approved / denied?
2) Lastly, in case I go ahead with taking a chance using acknowledgement receipt, and my study permit is denied due to this reason then if I re-apply study permit few months later (after H1 approval has been received, or filing from my country of citizenship, i.e. visiting India) - does a previous denial adversely impact any fresh attempts for study permit?
Thank you for your patience and all the help!
Rajat
1. No, but I'm not an immigration consultant or lawyer. Maybe other people on this forum can help.
2. Any denial affects a future approval, but for something like this, it shouldn't be too bad. There's no question that you are currently legally in status in the US right (right?), so there's no reason for denial on this ground. You may be denied on a combination of factors (finances, course of study not matching your past study etc.) but this is a technical ground (you're either in status, or not in status - there's no in-between stage) so it shouldn't affect your approval.
ok thank you. I was skeptical because legal status is implicit and not explicit in this case..so was not sure if visa officers will accept it easily. probably I may include a few lines about in LOE.
Thanks for your valuable suggestions!