Title: H-1B I-797B instead of I-797A after transfer approval – What are my options?
Hi everyone, I’m looking for some advice regarding my H-1B situation.
Here is my timeline:
I entered the U.S. in June 2024 with Employer A.
My I-94 was valid until September 30, 2025.
I moved to Employer B in August 2024. Employer B filed an H-1B transfer/change-of-employer petition.
I received an RFE in October 2024, and Employer B responded to it.
The petition was denied in January 2025. Later in January 2025, Employer B filed a new H-1B petition with premium processing.
The new petition was approved, but I received an I-797B instead of an I-797A. The petition was approved for consular processing, with the U.S. Consulate/POE listed as Hyderabad, India. At the time, neither my employer nor the attorney noticed that the approval was I-797B. I only discovered this recently while reviewing my immigration documents.
Is this correct process to get my I797A with valid I94 ? Please suggest me.
Current Situation:
I contacted my attorney, and they told me that the petition was filed correctly and that USCIS appears to have mistakenly issued an I-797B instead of an I-797A. They are now planning to file Form I-824 (Application for Action on an Approved Application or Petition) to request correction of the approval notice.
One additional point is that my family members' H-4 applications were approved with I-94s attached,
Questions :
Has anyone experienced USCIS issuing an I-797B in error when a change of employer/change of status was requested?
Is filing Form I-824 the correct process to obtain an I-797A with a valid I-94 in this situation?
Are there any risks or alternative approaches that I should discuss with my attorney?
Posted Aug 10, 2026, 4:14 PM UTC