剛剛收到 I-129 的Approval Notice. 第一次見到 I-797B, 以前在美國從 F-1 轉 H-1B （沒離開美國）都是 I-797A. 有些問題：
I am currently in Canada with Canadian permanent residence.
1. Is I-797B the right Approval Notice for a foreign worker outside the US and requiring a visa to enter the US? Not I-797A？
-Yes. You can tell the difference between I-797A and I-797B H-1B approval notices: I-797A has the I-94 at the bottom, but I-797B does not (which mean your H-1B status was not approved), so you need to get the H-1B visa in a US Consulate abroad to enter US and get the I-94 at the port of entry.
2. it says
Notice Type: Approval Notice
Class: H1B
Valid from 08/01/2015 to 7/31/2018
Consulate:
POE: Toronto, Canada
The above petition has been approved. Since the petition indicates that the foreign workers will not require a visa to enter the U.S., we notified the listed port of entry or pre-flight inspection office. You may also send the tear-off bottom part of this notice to the worker(s) to show the approval. However, THIS FORM IS NOT A VISA AND MAY NOT BE USED IN PLACE OF A VISA for persons requiring a visa.
The tear-off bottom part is like=>
----------------------------------------------------------------------------------------------------------------------------------
The alien may use this portion when applying for a visa at an American consulate abroad, or if no visa is required, when applying for admission to the U.S.
???????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????
Name DOB COB Class Consulate/POE OCC
??? ??? CHINA, H1B TOR ???
Questions:
2-1. Do I need to go to the US consulate in Toronto to apply for H1B visa, or I can go to Toronto international airport and show this notice to the border and protection office of the US to get the admission to US?
-As far as I know only the Canadian citizens do not need an H-1 visa to enter US when they have the H-1 approval notice, so I think you need to get the H-1B visa in the US Consulate in Toronto or somewhere, and enter US using use the visa, the H-1B approval notice (I-797B) and the employment verification letter from your employer.
2-2. I am not sure about the meaning of the second sentence of the body paragraph (in blue). Currently I have B1/B2 valid for 10 years from March 2015, but it is not H1B at all. I have not had H1B in the past 8 years.
2-3: Why in the upper portion, the Consulate is BLANK, and the POE is Toronto, Canada? Does it imply I will go to POE Toronto direclty without having to go to the US consulate in Toronto to get an H1B visa first?
-See my above answer. You can apply for the H-1b visa in any US Consulate abroad, depends on which is more convenient to you.
2-4. I don't understand why it says in the blue part that the petition indicates that the foreign workers will not require a visa to enter the U.S. I have not told my HR that.
-Probably they are confused and thought you were a Canadian citizen. So, you may ignore that, and then just apply for the H-1b visa to enter US.
非常感謝所有的解答。謝謝！
I am currently in Canada with Canadian permanent residence.
1. Is I-797B the right Approval Notice for a foreign worker outside the US and requiring a visa to enter the US? Not I-797A？
-Yes. You can tell the difference between I-797A and I-797B H-1B approval notices: I-797A has the I-94 at the bottom, but I-797B does not (which mean your H-1B status was not approved), so you need to get the H-1B visa in a US Consulate abroad to enter US and get the I-94 at the port of entry.
2. it says
Notice Type: Approval Notice
Class: H1B
Valid from 08/01/2015 to 7/31/2018
Consulate:
POE: Toronto, Canada
The above petition has been approved. Since the petition indicates that the foreign workers will not require a visa to enter the U.S., we notified the listed port of entry or pre-flight inspection office. You may also send the tear-off bottom part of this notice to the worker(s) to show the approval. However, THIS FORM IS NOT A VISA AND MAY NOT BE USED IN PLACE OF A VISA for persons requiring a visa.
The tear-off bottom part is like=>
----------------------------------------------------------------------------------------------------------------------------------
The alien may use this portion when applying for a visa at an American consulate abroad, or if no visa is required, when applying for admission to the U.S.
???????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????
Name DOB COB Class Consulate/POE OCC
??? ??? CHINA, H1B TOR ???
Questions:
2-1. Do I need to go to the US consulate in Toronto to apply for H1B visa, or I can go to Toronto international airport and show this notice to the border and protection office of the US to get the admission to US?
-As far as I know only the Canadian citizens do not need an H-1 visa to enter US when they have the H-1 approval notice, so I think you need to get the H-1B visa in the US Consulate in Toronto or somewhere, and enter US using use the visa, the H-1B approval notice (I-797B) and the employment verification letter from your employer.
2-2. I am not sure about the meaning of the second sentence of the body paragraph (in blue). Currently I have B1/B2 valid for 10 years from March 2015, but it is not H1B at all. I have not had H1B in the past 8 years.
2-3: Why in the upper portion, the Consulate is BLANK, and the POE is Toronto, Canada? Does it imply I will go to POE Toronto direclty without having to go to the US consulate in Toronto to get an H1B visa first?
-See my above answer. You can apply for the H-1b visa in any US Consulate abroad, depends on which is more convenient to you.
2-4. I don't understand why it says in the blue part that the petition indicates that the foreign workers will not require a visa to enter the U.S. I have not told my HR that.
-Probably they are confused and thought you were a Canadian citizen. So, you may ignore that, and then just apply for the H-1b visa to enter US.
非常感謝所有的解答。謝謝！
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