4 Months, No Notice: H-1B Stranded After Approval

An H-1B holder is dealing with a serious visa extension problem after months of uncertainty. Although their H-1B extension was approved by the USCIS, the physical I-797A approval notice was never delivered.

The extension approval dates back to September 205. However, the worker still does not have the official notice in hand, creating major complications for employment verification.

Missing I-797A Creates I-9 Issues

The I-797A approval notice is essential for completing I-9 verification. Without this document, the worker cannot prove employment eligibility to their employer.

As a result, the H-1B holder is unable to continue working or move forward with any job-related processes. The missing notice has effectively placed their employment on hold.

USCIS Requests Go Unanswered

In November, the worker filed an official e-request with the USCIS for non-delivery of the approval notice. So far, no response or status update has been provided.

A Freedom of Information Act request was also submitted. However, it did not return any record of the recent approval, adding to the confusion.

Limited Options for Resolution

Without the I-797A notice, the worker cannot complete I-9 verification or transfer their H-1B status. This leaves them with very limited options to resolve the issue.

Standard recovery steps include contacting the USCIS Contact Center and requesting escalation to a Tier 2 officer for further review.

Escalation May Be the Only Path

If 90 days pass without any resolution, further escalation becomes necessary. The worker may need to approach the Ombudsman of the Office of Citizenship and Immigration Services.

The CIS Ombudsman helps address such delayed or unresolved cases. Experts also recommend filing a second FOIA request seeking the complete case history.

Until the physical approval notice is received, the worker remains unable to work. A swift outcome now depends on strong escalation and follow-up.