In-Depth Explanation of US Form I-797 Notice of Action: Detailed Differences Between I-797 and I-797C

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Many immigration applicants will encounter US Form I-797. Understanding different types of notices is very important. Its core difference lies in legal effect.

I-797A or I-797B approval notices are legally binding “approval proofs.” Applicants need them for subsequent procedures like visa applications or status adjustments. While I-797C is only a “notice receipt,” such as application receipt or fingerprint appointment. It does not grant any immigration benefits or legal status.

This essential difference determines the actions applicants need to take after receiving the document.

Key Takeaways

• US Form I-797 is a notice issued by USCIS with multiple types.
• I-797A and I-797B are approval documents with legal effect, proving your status or that the application has been approved.
• I-797C is only a notice without legal effect, such as receipts or appointment notices.
• After receiving different types of I-797 forms, you need to take different actions.
• Keep the original I-797 approval notice safely, as copies are usually not accepted.

What Is US Form I-797?

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US Form I-797 is the general term for official written communication documents issued by US Citizenship and Immigration Services (USCIS). When applicants submit any type of application or petition to USCIS, the agency uses this form to convey important information. It is a collective name for a series of documents, not a single form.

Official Definition of I-797

The official name of I-797 is “Notice of Action.” This document serves as the formal communication bridge between USCIS and applicants. USCIS uses this document to convey various status updates related to applications. For example, I-797C, the most common notice type, includes functions such as:

• Receipt Notice: Confirming USCIS has received application materials and fees.
• Rejection Notice: Informing the application has been rejected.
• Transfer Notice: Indicating the application has been transferred to another office for processing.
• Reopen Notice: Notifying the case has been reopened.
• Appointment Notice: Scheduling fingerprinting, biometrics, interviews, etc.

Core Role of I-797

Important Tip: US Form I-797 itself is not a visa or green card. Its core role is as a status communication tool, informing applicants of their case progress.

Whether submitting Optional Practical Training (I-765), H-1B work visa petition (I-129), or green card adjustment of status (Adjustment of Status Application), applicants will receive some form of I-797 notice. The specific role of this document is determined by the letter suffix in the lower right corner. Different letters represent completely different official actions.

Therefore, accurately identifying the received I-797 type is key to understanding case status and performing next steps.

Full Analysis of I-797 Forms: From A to F

Different suffix letters of US Form I-797 represent completely different official actions. Some are legally binding approval documents, while others are merely informational notices. Accurately distinguishing them is crucial.

Legally Binding Approval Notices

This type of notice is direct proof of application approval and key for subsequent procedures.

• I-797A, Notice of Action: This document is usually used for approving change of status or extension applications within the US. A notable feature is a new I-94 card (arrival/departure record) attached at the bottom. USCIS issues I-797A as a replacement for the I-94 card, meaning the applicant’s status change request has been approved, allowing legal continued stay in the US. For example, applicants changing from F-1 student status to H-1B work status will receive I-797A. This approval notice is usually sent to the employer or attorney who submitted the application.
• I-797B, Notice of Action: This approval notice applies to applicants needing to complete visa procedures at a US consulate abroad. It does not include an I-94 card. Receiving I-797B means the petition is approved, but the applicant needs to take next steps.
  • USCIS will forward the approved petition to the National Visa Center (NVC) for processing.
  • Applicants (such as first-time H-1B beneficiaries in mainland China) need to use this approval notice for interview and visa stamping at a US consulate.
  • Only after obtaining the visa can the applicant enter the US with it.

Non-Legally Binding Informational Notices

This type of notice is mainly for communication and information conveyance, cannot be used as proof of status or work authorization.

• I-797C, Notice of Action: This is the most common type of notice. It has wide uses but limited legal effect.

  Main functions of I-797C include:

  • Application Receipt: Confirming USCIS has received your application package and fees.
  • Appointment Notice: Scheduling biometrics (fingerprinting and photo). The notice will specify date, time, and location.
  • Interview Notice: Scheduling an interview with an immigration officer.
  • Transfer Notice: Informing the application has been transferred from one processing center to another.
    When I-797C is used as a biometrics appointment notice, applicants usually receive it 5 to 11 weeks after submission. This important notice may be sent to the law firm that submitted the application, so maintain communication with the attorney.

• Other Types:
  • I-797D: Usually accompanies benefit cards (such as green cards) as a welcome letter.
  • I-797E: Used for Request for Evidence (RFE), requiring applicants to provide more information or materials.
  • I-797F: Issued to certain applicants outside the US, allowing them to travel to a US port of entry for admission processing, also called a “transportation letter.”

I-797 vs. I-797C: Core Differences at a Glance

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Many applicants first encountering USCIS documents easily confuse different types of US Form I-797. Although they all come from USCIS and look similar, their legal status and functions differ vastly. Simply put, one is a legally binding “pass,” the other is a multifunctional “notice.”

Legal Effect and Main Functions

To clearly show the fundamental differences, we can intuitively understand through a comparison table. The core differences between I-797 approval notices (specifically I-797A and I-797B) and I-797C notices lie in legal effect and granted rights.

Applicable Scenarios and Follow-Up Actions

After receiving different types of I-797, applicants need to take completely different actions. Correct response is key to ensuring smooth application process.

Actions for Holding I-797A/B Approval Notice

When applicants receive I-797A or I-797B, it means their application has been approved. This document is the credential for subsequent important procedures.

• Change of Status Within the US (I-797A) USCIS issues I-797A usually with a new I-94 card attached. This I-94 card is at the bottom of the approval notice; applicants must detach and attach it to their passport. It not only proves the applicant’s legal US stay status but also determines their stay duration. For example, applicants changing from F-1 student status to H-1B work status receive I-797A. This approval notice is usually sent to the employer or attorney who submitted the application.
• Applying for Driver’s License or Social Security Number In some states, such as California, the I-797 approval notice is one of the legal status proofs recognized by the Department of Motor Vehicles (DMV). Applicants can carry the I-797 original to apply for a driver’s license.
• Applying for Visa at Consulate Abroad (I-797B) After receiving I-797B approval notice, beneficiaries needing visa at US consulate abroad should immediately prepare for visa interview.
  1. Use the receipt number on the approval notice to fill out and submit the DS-160 Nonimmigrant Visa Application online.
  2. After completing DS-160, applicants get a confirmation code.
  3. Use the confirmation code to schedule a visa interview at a US consulate.

Operations Upon Receiving I-797C Notice

I-797C is an information conveyance document; applicants must carefully read and act according to its specific content.

• As Application Receipt This is the most common I-797C type. It confirms USCIS has received the application. Applicants should focus on the 13-digit receipt number printed on it.
  • Online Case Tracking: Visit the USCIS website online case status tool, enter this number to get the latest application status.
  • Communicating with USCIS: When contacting USCIS, providing this number helps staff quickly locate the case.
• As Biometrics Appointment Notice When I-797C is used to schedule fingerprinting and photo appointment, applicants must attend on time.
  • Documents to Bring: When attending, applicants need to bring the I-797C notice original and valid photo ID issued by government (such as passport, driver’s license, or green card).
  • Must Attend:

    If applicants miss biometrics appointment without cause, USCIS may deem abandonment and reject the application. If truly unable to attend due to emergency, must submit a formal rescheduling request through USCIS online account before the appointment date.

• As Request for Evidence (RFE) or Notice of Intent to Deny This is a critical step in case processing. Applicants must respond before the deadline.
  • For RFE: Provide detailed responses and proof materials addressing USCIS questions.
  • For Notice of Intent to Deny: Situation is more serious; strongly recommend seeking professional immigration attorney help to respond forcefully with legal and evidence basis.

Ignoring these notices may directly lead to application rejection.

The article’s core view is very clear. Applicants must carefully check every received I-797 document, especially the letter suffix in the lower right corner. This determines the document nature and subsequent steps.

Approval-type I-797 (such as I-797A/B) are legally binding “passes.” While I-797C is merely a “receipt.”

Applicants need to properly keep original approval notices with legal effect. Taking correct actions based on received document type ensures smooth application process and avoids unnecessary delays.

FAQ

What If I-797A/B Original Is Lost?

If applicants lose I-797A/B original, they must submit Form I-824 (Application for Action on an Approved Application or Petition) to request a duplicate. This process takes longer, so properly keeping the original is crucial. During duplicate application, case processing may be affected.

Can I Use a Copy of I-797?

In formal procedures like visa interviews, entry, or work status verification (I-9 form), usually the I-797 approval notice original is required. Copies are generally not accepted. Applicants should always use and keep the original for verification.

What Is the Receipt Number on I-797C Used For?

The 13-digit receipt number on I-797C is the unique case identifier. Applicants can use this number on the USCIS website to query case status online. When communicating with USCIS, providing this number also helps staff quickly locate the case.