How to request for a duplicate I-797 from USCIS? How long does it takes? And will USCIS send a duplicate I-797 of mywife as well

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I am on H1 B Visa and I need duplicate I-797 for me and my wife, who is on H4 Visa. We need to travel overseas shortly and I am concerned on the process to obtain it and the time frame. Can you please guide. Thanks a ton.

Attorney Answers

3
Albert H. ValkImmigration AttorneyBloomfield Hills, MI ·
Do you know what happened to the original approval notices? If they were lost in the mail, you may be able to convince the USCIS to send you courtesy copies. If you lost them yourself, the duplicate notice may be ordered by filing a I-824 Form, but it is costly and takes several months. You may choose to go to the local USCIS office and ask for a stamp in passport, if you are in a hurry.
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David Stoller ·
Thanks for your inquiry. The document that you are requesting is obtained by filing an I-824. As to the issue of timing, that may depend on the US Consulate (USCON) through which are attempting to obtain the visa. So the question is a rather difficult one to answer without knowing the USCON that you are going to be visiting. If you are on an H-1B, you may want to discuss this with the company's attorney. And if you do not have a company's attorney who handles immigration matters you may want to discuss the matter with an experience immigration attorney in the matter. I would also recommend a review of the USCON's website for helpful information on how to proceed. While the I-824's are often processed rather quickly, there is always a wait for everything relating to any application filed with CIS. I would recommend that you read through the instructions on the I-824 to know where to file and the look for the processing reports from the USCIS Service Center which will handle your application and that should provide you with somewhat of an idea of how long you may be waiting. The best thing to do is to figure out the requirements of the USCON that you will be visiting and to obtain assistance if necessary on complying with those instructions. Like anything else, time frames are always approximations and we never know when things are not going to work out the way that we initially planned so always work the unknown into your planning. Good luck.
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Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
I agree with my colleagues. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Subscribe to our Free Immigration Newsletter 600 Wilshire Blvd., Suite 1550 Los Angeles, CA 90017 (213) 394-4554 x0 Web: www.shusterman.com (English) www.inmigracion-abogado.com (Spanish)
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