What does an I-797 approval notice say about consular processing vs. extension of status, and how to read it?
Executive summary
The I-797 Notice of Action is USCIS’s official communicative tool that looks simple but carries crucial next-step instructions: an I-797A typically signals an approved change or extension of status inside the United States and usually includes a printed I-94 that governs authorized stay, while an I-797B signals approval that requires consular processing abroad and does not include an I-94 [1] [2] [3]. Reading the form carefully — especially the form type, the presence or absence of an I-94, the classification and dates, and any language about forwarding to the National Visa Center — tells whether one can remain and work in the U.S. or must obtain a visa at a consulate before entry [4] [5] [6].
1. What the I-797 is and why the label matters
USCIS issues Form I-797 as a “Notice of Action” to confirm receipt, request evidence, or announce approval; it is not itself a visa but it often proves petition approval and directs subsequent steps [1] [7]. Different I-797 variants perform different jobs: the same-looking paper can mean extension of stay, consular processing, or simply that USCIS received the file — so the exact form letter and text matter more than obtaining “an I-797” generally [8] [7].
2. I-797A: the extension or change-of-status inside the U.S.
When USCIS approves a change of status or an extension while the beneficiary is inside the United States, it usually issues an I-797A and attaches a replacement I-94 at the bottom; that I-94’s expiration date is the controlling date for authorized presence and work eligibility while in the U.S. [4] [2] [5]. Practitioners and university international offices emphasize that an I-797A plus its I-94 can be used to demonstrate lawful status and continued work authorization without leaving the country [2] [9].
3. I-797B: approval that points to consular processing abroad
An I-797B is commonly issued when a petition is approved for a beneficiary who is outside the U.S. or for a petition explicitly requesting consular processing; it does not carry an I-94 and therefore does not by itself authorize entry — the next step is a visa application at a U.S. consulate and eventual issuance of a visa stamp to travel and seek admission [8] [3] [10]. Guidance from immigration firms stresses that receiving an I-797B means the petition is approved but the beneficiary must secure a visa abroad and cannot rely on the notice alone to enter the U.S. [6] [10].
4. How to read the critical elements on the notice
Scan the top and header to identify which I-797 variant it is; look for an I-94 attachment in the lower right (present = domestic status extension/change; absent = consular processing likely) and note the classification (H-1B, L-1, etc.), start/end dates, and the receipt number for online tracking [2] [5] [7]. Also read any specific language about transfer to the National Visa Center or instructions to schedule consular interviews — those lines change the practical next steps [4] [6].
5. Practical next steps and common traps
If the notice includes an I-94, preserve the document, confirm the I-94 date matches intended employment dates, and apply for further extensions or adjustments before expiration if needed; if the notice is an I-797B, prepare to engage the consulate/NVC process and do not assume the I-797 alone permits U.S. entry [9] [6]. Beware of misreading an I-797C (receipt or appointment) as an approval, and remember USCIS cautions that some I-797 forms “do not grant immigration status or benefit” — read the specific text on the notice [11] [1].
6. Disagreements, gray areas, and where reporting can mislead
Most sources align on the A-versus-B distinction, but nuance exists: some Canadians or other categories may have different consular/entry rules, and practice on whether an I-797A must be “activated” by travel can vary in advice — authoritative guidance is case-specific and legal counsel is often recommended [9] [3]. Public guides sometimes over-simplify; the accurate reading comes from combining the form type, the I-94 presence, the text about next steps, and any accompanying USCIS or consular instructions [8] [1].
7. Bottom line
An I-797 is a roadmap: I-797A with an I-94 means authorized stay/work inside the U.S. through the I-94 date; I-797B without an I-94 means approval but requires consular visa stamping abroad before entry. Diligent reading of the variant, the attached I-94 (if any), dates, classification, and forwarding instructions — and, when in doubt, consultation with counsel or the issuing service center — determines which route follows [2] [3] [5].