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I797A vs I797B vs I797C
Form I-797A: Is issued ONLY to people who are currently in the U.S. and are undergoing a change of status (F-1-H-1, H-1-H-1, l-1-H-1, etc.).
The “A” is for change of status approved, which means the applicant can continue to remain in the U.S. and work. Hence, I-797A will have an I-94 attached to it to endorse the status approved.
Form I-797B: Is issued to those who had never been to the U.S. or to those whose change of status cannot be approved.
This means that you are qualified for the job but your change of status cannot be approved. So you cannot stay and work in the U.S. for two reasons:
You are NOT currently in the U.S.A.
You may have committed an immigration violation; the documents submitted during filing did not provide enough evidence that you were legally employed at all times; you had never been out of status as a student, etc.
Hence, such applicants, if they’re still staying in the USA must leave and apply for visa at an American consulate.
The officer will determine if you are eligible for re-entry based on the evidence you’ll provide during the interview.
Form I-797C
This is a copy of the approved petition. This is usually given to the employers for their reference file.
Hence, Forms I-797A or I-797B are given to applicants, while I-797C is given to employers. |
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