H4 to F1 approved, USCIS asking to fill for I824 to get duplicate i797

Hi @Anil_Gupta

I contacted USCIS and told them that my H4 to F1 case was approved on June 28 but still i did not get I-797 in Mail. They responded that we have already sent I 797 on June 28, there should be missing mail or stolen etc.

Then i asked for solution, they said you have to submit form I-824 to request for duplicate I-797. But the catch here is it costs approx. $500. According to me this is clear case of asking for more money from us.

Have you ever faced such situation? Do you have a better way to tackle it without spending such a huge amount to get I-797? Please reply

Hi @arjun22

I have heard of such cases before and the solution is to do what USCIS is saying.

You can get a second opinion from an attorney too if you want.

hi @Anil_Gupta, after filing another form to get duplicate copy for Approval notice again we did not receive I-797 approval notice. And again USCIS is saying we have mailed you.

Could you please help, what can be done? Can she go for stamping without I797?

Hi @arjun22

Did you check with USPS post office as to where the document is getting delivered?

In many cases, USPS is able to tell if they even received the package for delivering or if it was delivered to wrong address.
Once USPS confirms, you can then use it as proof that USCIS never sent it or addressed it wrongly (low chance).

USCIS does send the mails as everybody gets it the same way.

You can go for stamping without i797 but the chances of form 221g will be very high as visa officer may look at it with suspicion.

Hi @arjun22

Can you share if you have got the resolution to your case?

Have you got the i797?

hi @Anil_Gupta, yes finally we got I-797 after contacting the Senate office. USCIS did not help us.

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Thanks @arjun22 for sharing.

So, Senator sent your request to USCIS and then USCIS sent it by same USPS mail?

Is it?
Do you know the reason why it was not delivered earlier? What was the problem point?

Sorry for the late response.

No reason, USCIS always said that they have sent and it was no undelivered. But we never received.

And Yes, contacting Senator was the real help, as they contacted USCIS and in 20 days we got the letter.

Wow…it seems that there was indeed a problem with USCIS and not the delivery.

Thanks for sharing. I appreciate it.

Hi Arjun,

I have the exactly the similar case and I would like to know how to reach Senate and could you tell me the process.It would be really helpful.

Thanks,
Prathyusha

Hi,

Reach out to your States gov website and send a letter mail as well as an email stating your issue with receipt number.

Thanks for the quick response Arjun.

Hi Arjun,

I would like to ask a favour. Is it possible to send the sample letter which you had sent to the senate to - Prathyusha.m1993@gmail.com , that would be really helpful.

Thanks,
Prathyusha

@Prathyusha_Manchikat - you should explain your situation in the letter! That’s it.

Okay , Thank you for the response.

Hi Arjun,

I have a question regarding the form I-824.

In the section 1.a. Form Number of Previously Approved Application or Petition what would be the form number ?Is it supposed to be I-539 ? or I-797?

Could you please assist me with this.

Thanks,
Prathyusha

hi @arjun22 , i am facing the same issue where USCIS asks me to submit I824. So i have sent an email request and letter to the Senator office. Any idea how long does this took? Should we call them and follow up?

Also, you have mentioned that in Decemeber 2019 you submitted another form to get duplicate copy and havent received the notice. By another form, do you mean missing request form online or I824? Thank you.

You should hear something from Senator’s office within 15-20 days. Yes i got duplicate copy of I-797 as well. Yes you can always follow up.
I suggest constant follow ups without giving ip helped me.