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Beru

My H1b i797A doc has a printing mistake by USCIS. Can I still change employers?

By Beru in Work Visas

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Beru Newbie

Beru   0

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Is it possible to do an H1b transfer to another employer if my i797 approval has incorrect data? USCIS made a printing mistake in i94 number on the i797A and it's taking forever to get a response from them. Basically, if I switch employers, can they file the h1b transfer docs with correct details and I'll get a new I797A?

 

randomstairs Community Regular

randomstairs   309

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Filed: Citizen (apr) Timeline
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10 minutes ago, Beru said:

Is it possible to do an H1b transfer to another employer if my i797 approval has incorrect data? USCIS made a printing mistake in i94 number on the i797A and it's taking forever to get a response from them. Basically, if I switch employers, can they file the h1b transfer docs with correct details and I'll get a new I797A?

 

The new employer can file a new H1B case, yes. You'll get a new I797 form if approved. How do you know that there's a printing mistake? 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

randomstairs Community Regular

randomstairs   309

Posted
Filed: Citizen (apr) Timeline
Posted
1 hour ago, Beru said:

Thanks for the reply! The last two characters of my i94 are swapped. The new employer shouldn't need my current i797A to file for H1b transfer, correct?

Are you talking about the receipt # or the I-94 number? Unless the form has changed, the I-94 # is a series of numbers. It's different on every new I-797. How do you know the correct number? Sorry if I'm not understanding something basic here. I'm not sure if the current I-797A will be needed, but it's likely. If you know the printing error, simply mention that to the new employer and they can make a note of it and include it in the application package. The error should be then corrected by USCIS together with the approval of the new application.  

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

Sinead91 Enthusiast

Sinead91   249

Posted
Filed: Lift. Cond. (pnd) Country: Ireland
 Timeline
Posted

Won't be an issue. With H1B filings you submit a copy of your most recent i94, which you download from CBP. This is the same number as what is on your H1B, so if there's an error on your i94 on your 797, they will look at the i94 from the CBP website. The i797 is submitted to show proof of maintenance of status and you then also upload your i94 with it :)

Immigration Specialist for Cap Exempt organization. Happy to help with H-1B / J-1 / Change of status :) 

Marriage Based AOS

  • Wedding: 05/16/2020
  • Packet sent: 01/07/2020
  • NOA1 i485, i130, i131 + i765: 08/10/2020
  • Biometrics i765: 10/07/2020
  • Biometrics i485: 10/20/2020
  • EAD + AP approved: 11/03/2020
  • EAD + AP card arrived: 11/09/2020
  • SSN arrived: 11/10/2020
  • Interview: 02/22/2021
  • Approved: 02/22/2021
  • GC arrived: 03/01/2021
  • ROC packet filed: 01/13/2023
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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