I had H-1B visa stamped on my old passport for period Oct 2008 to Sep 2011. This stamping done on old passport and expired in 2015.
Now current employer filed H-1B and I need to book appointment interview date for I-798 / new petition.
I lost my OLD visa I-797. I have only visa stamped on old passport.
but I have NEW I-797.
Now my question is , Will I be asked for my OLD I-797 during visa interview? what should I say during interview If this question is put up?
You don’t really need the old I-797. You can ask your immigration attorney or your HR to provide with the copy of old I-797 if you want to keep it for personal record. You can also submit a FOIA request to get the copy of I-797 directly from USCIS. Ideally you should scan and store digital copy of every immigration document.
Hi Kalpesh - Thank you for your reply.
I have drop box appointment on April 11 next month. As I said I don’t have previous I-797 with me but I do have old password stamped with H-1B visa for period 2008 to 2011.
However I have created request on FOIA portal. and I am not sure what is the expected time to get it to me.
If in case If I don’t receive previous I-797 before interview, then what can I say to consular officer during drop box appointment?
Below are the list of documents I need to carry as per appointment confirmation :
H and L applicants (□ -H1, □ -H4, □ -L1 Individual,□ -L2 Individual,□ -L2 Blanket)
Yes No
□ □ Prior visa in any visa class which is still valid or expired
□ □ Photocopy of Principal applicant’s current visa (Applicable only for H4 and L2)
□ □ Photocopy of current I-797 (applicable for H1,H4,L1Individual,L2)(If issued for dependent)
□ □ Photocopy of previous I-797 (only if the last visa in the passport and current petition have a gap of more than one year) (applicable for H1, L1Individual)
□ □ Photocopy of Principal applicant’s current I-797’s copy (applicable for H4 and L2)
□ □ Photocopy of Principal applicant’s previous I-797 only if the last visa in the passport and current petition have a gap of more than 1 year. (Applicable only for H4 and L2)
□ □ Principal applicant’s photocopy of current I-129 (Applicable only for L2 Blanket)
□ □ Principal applicant’s employment confirmation letter (original/copy) and end client letter from employer/petitioner. (Applicable for H1, H4, L1 Individual, L2)