What is the U.S. I-797 Form? What’s the Difference Between I-797 and I-797C?

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When immigrating to the U.S., you may receive an I-797 form. The I-797 approval notice indicates that your application has been approved and holds legal validity. The I-797C, however, is merely an informational notice and cannot serve as proof of status or work authorization. You must distinguish between these two documents to avoid misunderstandings that could affect subsequent processes.

Key Points

• The I-797 approval notice is an official acknowledgment from USCIS that your application has been approved, holding legal validity and usable for status adjustments and work authorization.
• I-797A includes a new I-94 and is suitable for status changes within the U.S.; I-797B does not include an I-94 and is suitable for visa applications abroad.
• I-797C is only an informational notice, lacking legal validity, and cannot be used as proof of status or work authorization; it is used to check case progress.
• When receiving any I-797 form, carefully review its contents and identify its type to avoid misuse that could impact visa interviews or legal status.
• When preparing for interviews or important procedures, always carry the original I-797 approval notice; I-797C cannot be used as a substitute.

I-797 Form Types

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I-797 Approval Notice

When you receive good news about your immigration or non-immigration application, you will typically receive an I-797 approval notice. The U.S. Citizenship and Immigration Services (USCIS) uses this document to formally inform you that your application has been approved. The I-797 approval notice is legally binding. You can use it as a key document for subsequent processes, such as status adjustments, applying for work authorization, or advance parole.

You should note that the I-797 approval notice is not a visa or green card, but it is a critical step toward obtaining those statuses.
The I-797 approval notice serves the following purposes in the immigration process:

1. It proves that your application has been approved by USCIS.
2. When submitting an I-485 status adjustment application, you must include the I-797 approval notice.
3. You can use the I-797 approval notice to apply for work authorization and travel permits.
4. Your spouse and unmarried children under 21 can also use this notice to proceed with immigration procedures.

I-797A vs. I-797B

The I-797 approval notice comes in different types. The most common are I-797A and I-797B. While both are approval notices, they differ in their applicable scenarios and content.
You can quickly understand their differences and uses through the table below:

If you apply for a status change within the U.S. (e.g., H-1B status transition), you will typically receive an I-797A. The I-797A includes a new I-94 card at the bottom, proving your status has been automatically updated. If you are outside the U.S. or your status lapses and you need to leave and re-enter, you will usually receive an I-797B. The I-797B does not include an I-94, and you must take this approval notice to a U.S. consulate to apply for a visa before entering the U.S.

I-797C

The I-797C differs from the I-797 approval notice. When you receive an I-797C, it means USCIS is notifying you that a process has started, materials have been received, a case has been transferred, an appointment has been scheduled, or materials have been rejected. The I-797C does not indicate that your application has been approved.

You cannot use the I-797C as proof of status or work authorization.
The I-797C typically includes a receipt number, which you can use to check case progress on the USCIS website. When receiving an I-797C, carefully review its contents to ensure the information is correct. Contact USCIS promptly if there are any issues.

The table below summarizes the applicable types and main features of I-797A, I-797B, and I-797C:

When handling U.S. immigration or visa processes, you must distinguish between the I-797 approval notice and the I-797C. Only the I-797 approval notice has legal validity and can serve as a basis for subsequent processes like status adjustments or work authorization. The I-797C is merely an informational notice and cannot be used as proof of status or work authorization.

Main Differences

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Legal Validity

When you receive an I-797 approval notice, you can treat it as USCIS’s formal acknowledgment of your application. This notice is legally binding. You can use it to prove your application has been approved. For example, when handling status adjustments, applying for work authorization, or traveling in and out of the U.S., relevant authorities will require you to present the I-797 approval notice.

The I-797C is different. When you receive an I-797C, it is only an informational notice. It cannot prove that your application has been approved. You cannot use the I-797C as legal proof for status, work authorization, or visas. Many people mistakenly assume the I-797C is equivalent to an approval notice, but it is only used by USCIS to inform you of case progress, material receipt, appointment scheduling, or other updates.

Tip: When preparing for visa interviews or important procedures, always bring the original I-797 approval notice, not the I-797C.

Applicable Scenarios

You will receive different types of I-797 forms during various immigration processes. The I-797 approval notice is primarily used in the following scenarios:

• After your H-1B, L-1, or other work visa application is approved, USCIS will issue an I-797A or I-797B as proof of approval.
• You need the I-797 approval notice to handle status adjustments, apply for work permits, or request travel documents.
• When changing status within the U.S., the I-797A includes a new I-94, proving your status has been updated.

The I-797C is used in these scenarios:

• After submitting an application, you receive an I-797C as a receipt confirming USCIS has received your materials.
• When materials are rejected, a case is transferred, or an appointment is scheduled, USCIS sends an I-797C to notify you.
• You need the receipt number on the I-797C to check case progress.

Many applicants encounter the following misconceptions during the process:

1. You might mistakenly think the I-797C is an approval notice, but it is only a multi-purpose, non-approval notification.
2. If you bring only the I-797C to a visa interview without the original I-797 approval notice, it may cause issues.
3. Misunderstanding the receipt number and service center codes on the I-797C can affect your ability to track case status and proceed with next steps.
4. Failing to understand the multiple purposes of the I-797C (e.g., receipt notice, rejection notice, appointment notice, case transfer notice, or case reopening notice) can lead to misjudgments about case status and next steps.

Rights and Uses

When you hold an I-797 approval notice, you can enjoy the following rights and uses:

• You can use it as proof for applying for work authorization, Social Security numbers, driver’s licenses, etc.
• You can use the I-797 approval notice to apply for status adjustments or a green card.
• When traveling in or out of the U.S., relevant authorities will require you to present the I-797 approval notice.

The I-797C does not grant these rights. You can only use it to check case progress or understand case status. You cannot use the I-797C for any procedures requiring legal proof.

The table below summarizes the main differences between the I-797 approval notice and I-797C:

When receiving an I-797 form, you must carefully identify its type. Only the I-797 approval notice can serve as a basis for subsequent processes like status adjustments or work authorization. The I-797C is only an informational notice and cannot be used as legal proof.

Recommendations After Receiving the Notice

Steps After Receiving an I-797 Approval Notice

After receiving an I-797 approval notice, you need to carefully verify the personal information and case number on the notice. Once confirmed accurate, you can use it as a key document for subsequent immigration procedures. You can follow these steps:

1. Keep the original and copies to avoid loss.
2. During the green card application process, use the I-797 approval notice to prove your application has been accepted by USCIS.
3. If you’re awaiting a formal green card, the I-797 approval notice can extend the validity of your temporary green card, allowing you to travel in and out of the U.S. freely.
4. You can use it as proof of legal status, especially during the I-751 petition to remove conditions on a green card.
5. You also need to monitor subsequent official processes, such as biometric appointments and interview notices, which may be issued through the I-797 series of forms.

Reminder: When applying for a Social Security number, driver’s license, or traveling, authorities typically require the original I-797 approval notice.

I-797C Precautions

When you receive an I-797C, you must first understand that it is only an informational notice and does not mean your application has been approved. You should note the following:

• The I-797C is often used to confirm that USCIS has received your application materials or to notify you of material rejection, case transfers, or appointment scheduling.
• The I-797C includes a receipt number (Receipt Number), which you can use to check case progress on the USCIS website.
• You cannot use the I-797C as proof for visa interviews, status adjustments, or work authorization.
• After being selected in the H-1B lottery, USCIS will first send an I-797C to the applying company and attorney, and only after approval will you receive an I-797A or I-797B.

When preparing for visa interviews or important procedures, always bring the original I-797A or I-797B, not the I-797C.

Common Misconceptions

Many applicants confuse the I-797 approval notice with the I-797C, leading to issues in subsequent processes. Common misconceptions include:

• Mistaking the I-797C for an approval notice, when it is only a multi-purpose, non-approval notification.
• In the H-1B process, assuming approval upon receiving an I-797C, when only an I-797A or I-797B signifies approval.
• Ignoring the differences between I-797A and I-797B; I-797A is for status changes or extensions within the U.S. with a new I-94, while I-797B is for applications abroad without an I-94.
• Bringing only the I-797C to a visa interview, resulting in an unsuccessful interview.

When receiving any I-797 form, you must carefully read its contents, identify its type, and ensure the subsequent process proceeds smoothly.

When handling U.S. immigration or visa processes, correctly identifying the I-797 and I-797C is crucial. The I-797A typically includes a new I-94, proving that your status change or extension has been approved. The I-797B is for applicants abroad, allowing them to apply for a visa at a consulate. The I-797C is a non-approval notice, primarily used for receipts, appointments, case transfers, and other informational updates.

If you can distinguish between these notices, you can avoid issues due to misuse that could affect visa interviews or legal status, ensuring a smooth application process. After receiving any notice, carefully review its contents and handle it promptly as required to ensure every step is accurate.

1. The I-797A allows you to legally remain in the U.S.
2. The I-797B helps you enter and work in the U.S. smoothly.
3. The I-797C facilitates checking case status and managing related matters.
4. Correctly identifying notice types can effectively avoid common pitfalls in the application process.

FAQ

What should I do if I lose my I-797 approval notice?

You can apply to USCIS for a replacement I-797 approval notice. You need to complete Form I-824 and pay the associated fee. Keep the new notice safe.

Can I use the I-797C as proof for entering the U.S.?

You cannot use the I-797C as proof for entering the U.S. The I-797C is only an informational notice with no legal validity. You need an I-797A or I-797B approval notice.

What is the purpose of the I-94 on the I-797A?

You can use the I-94 at the bottom of the I-797A to prove your legal status in the U.S. The I-94 shows your status type and validity period. You need it for procedures like work or study applications.

How can I check case progress with the I-797C receipt number?

You can enter the receipt number from the I-797C on the USCIS website. The system will display your case’s processing status and latest updates. Check regularly to stay informed.

What should I do after receiving an I-797B approval?

You need to take the I-797B approval notice to a U.S. consulate to apply for a visa. After obtaining the visa, you can enter the U.S. with your passport and I-797B. Prepare the necessary materials in advance.

You have a clear understanding of the different types of I-797 forms and their legal validity, as well as how to correctly distinguish between I-797 approval notices and I-797C notices. In dealing with these complex immigration documents and processes, it’s crucial to ensure every step is accurate, as even a small mistake can affect your legal status.

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