Employer Didn’t Get a Copy of H1B Approval Notice: Can I Request USCIS to Send a Copy?

Title image for the blog on H1B Approval Notice

Finally, after going through the several steps of the H1B visa application process, getting an approval is such a relief. But, at times there are some minor issues at administrative level for example, your employer did not receive the H1B approval notice (Form I- 797). In the same cases, many employees get to think whether, as the H1B beneficiary, one could apply for another copy from the United States Citizenship and Immigration Services (USCIS).

Why Might an Employer Not Receive the H1B Approval Notice?

Several factors could lead to an H1B approval notice not reaching an employer, including:

  1. Address Errors: Due to an incorrect or outdated address of the employer with USCIS, the employer may not receive the notice.
  2. Mail Delays or Loss: Now and then, a person can miss necessary documentation when the postal service is slow or the package is lost.
  3. Processing Errors: There may be clerical issues concerning USCIS that may cause the approval notice not to be posted initially.

In any case, it is helpful to know the ways of getting a copy of the approval notice in order to avoid such situations when one is unable to start working or further stay on an H1B visa.

Can the H1B Beneficiary Request a Copy of the Approval Notice?

Directly the H1B beneficiary (employee) cannot file a request with USCIS for reissuance of the approval notice. USCIS does not accept petitions for an official duplicate of the document from anyone other than the employer as the petitioner. However, the records of the employee will not be directly accessible to them through the above method, but there are other ways like the ‘Freedom of Information Act.

Option 1: Employer Files Form I-824 for a Duplicate Copy

When an H1B approval notice is not available, the employer can use form I-824, application for action on an approved application or petition to apply to USCIS and request for the copy of the approval notice to be issued. Here’s a breakdown of how this process works:

Eligibility to File Form I-824

The petitioner (employer) must be the only one who can fill Form I-824 to request for another copy of the approval. The H1B employee is not allowed to fill this form.

Required Documents and Fees

The employer will need to fill Form I-824 and fill all the sections containing information regarding this H1B petition and the fees if any that has to be paid.

Processing Time

Durations of USCIS to process and issue Form I-824 also differ but it takes several weeks to issue a duplicate approval notice. Organizations should make arrangements with a view of ensuring they do not experience any disruptions of work.

Potential Challenges

While filing Form I-824 enables one to secure a duplicate notice, it is not the quickest way to do so because of the time taken to process the form. Employers should file this form right from the time they discover that the original approval notice is missing.

 

 

Option 2: H1B Beneficiary Files a Freedom of Information Act (FOIA) Request

If the employer is then quite unable to get the duplicate approval notice soon enough, the H1B employee can then seek to file a FOIA request in order to access documentation on their particular H1B case. Here’s how the FOIA request process works:

What is a FOIA Request?

Under the FOIA request, an individual is able to access documents in the federal agencies. Through the FOIA process in USCIS, the H1B employee can obtain copies of documents relating to the approval including the approval notice.

How to File a FOIA Request with USCIS

  • File Online: Go to the USCIS FOIA Request Portal through which you can submit your FOIA request online.
  • Submit Form G-639: If you wish to send it with mail, use the form G-639.

FOIA Request – US Citizenship and Immigration Services Information/Privacy Act Request, and then send it to the USCIS FOIA office.

Documents to Include

Include your full name, date of birth, A-number if available, and any petition details of your H1B situation if any.

Processing Time for FOIA Requests

FOIA requests can take several weeks to process, However this and many other agencies often have provisions to expedite cases. Although is not the fastest way to get information, FOIA can be useful to the employees in the cases when they need some documents to support specific information, for instance, during records keepings or verifications.

Frequently Asked Questions (FAQs)

1. Can I, as the H1B employee, directly request a copy of the approval notice from USCIS?

No, only the employer, (the petitioner), may seek for a copy of the approval notice from the USCIS through Form: I-824. However, the beneficiary has an opportunity to receive the records through a FOIA request.

2. How long does it take for USCIS to process Form I-824 for a duplicate notice?

The length of time depends on the general traffic; however, it usually takes several weeks to process the case. Employers should follow the current processing time indicated on the USCIS website.

3. Can I use any other document other than the approval notice for H1B status verification?

Yes, there are other forms which are acceptable as proofs of your status they include Form I-94 record, Form I-797C receipt notice, an employment verification letter.

Conclusion

In the case your employer has not received the H1B approval notice, it is important that you take necessary measures to obtain another copy. Though the H1B employee cannot get a duplicate notice on his or her own from the USCIS, the employer must use form I-824 to get one. Also, the employee has a legal right to submitting a FOIA request to attempt to get his/her records. These options make you aware of how to handle your H1B paperwork in a better way and also enables you to avoid paralysis of work or traveling to the Home country.

 

 

 

 

 

 

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