notice of action

[bislig2alabama 1]

We have received an I-797C Notice of Action from DHS after filing an AOS. The social security administration wants an I-797 Notice of Action. What is the difference? Is there any difference?

Our original petition was a I-129F and the visa was K-1. We filed the AOS and received the I-797C. Now social security wants an I-797 before approving her benefits. She is entitled to benefits under my work credits for retirement benefits. Mine was approved but hers is being held pending proof of lawful status. The social security handbook requires an I-797 for proof because she does not have and EAD. She does not need and EAD, she does not intend to work, but will attend school. What is the difference?

[rushter 0]

Nobody's taken a stab at this post yet... so I'll throw in my 2 cents.

I have absolutely no idea on how to answer this question based on ssa regs... but, I think it would be quite logical for you to submit an EAD so she can get an approval to work, which would give the ssa a quick resolution to the issue of whether or not to give her an ssn/validate her legal status.

It sounds like it boils down to one thing.. a reason for the ssa to realize her legal status. As it is, with no ead app, you haven't provided one.

Historical experience dictates that with the antiquity of the system, an I-797 as needed by the ssa, may actually be the I-797C... I don't know. But the EAD application is easy enough to do, so why not.

Heck fire if anything happened to you she'd need an authorization to work to support herself in the future unless you left her so much money in life insurance you're worth more... ahem well you know what I mean.

Why not check out the 797 vs the 797c (or call the ssa and ask?)

Dunno.. wondering too.

[aussiewench 9]

Re the I-797 & I-797C.......One is an older version still used....simple as that. So either will be used and is acceptable.

[Jenn! 918]

I thought that the I-797C was the NOA1 (receipt notice) and the I-797 was the NOA2 (approval notice).

[aussiewench 9]

I thought that the I-797C was the NOA1 (receipt notice) and the I-797 was the NOA2 (approval notice).

There was a big discussion about this at the old site and after gathering a lot of info from various members....there was no pattern to it. Some get I-797 for both NOA1 and NOA2, some get I-797C for both, some get I-797C for NOA1 & I-797 for NOA12 and vice versa. One is just an old version. So, I spent a lot of time googling about it at the time lol and the I-797C is the newer version of the I-797. All they are is Notices of Action...not specific to being either a receipt or approval. Its becomes what it is when the info is typed into it. Note where the NOA's say 'Notice Type'

Edited May 29, 2006 by aussiewench

[Jenn! 918]

I thought that the I-797C was the NOA1 (receipt notice) and the I-797 was the NOA2 (approval notice).

There was a big discussion about this at the old site and after gathering a lot of info from various members....there was no pattern to it. Some get I-797 for both NOA1 and NOA2, some get I-797C for both, some get I-797C for NOA1 & I-797 for NOA12 and vice versa. One is just an old version. So, I spent a lot of time googling about it at the time lol and the I-797C is the newer version of the I-797

Thanks for clarifying. Seems I just happened to have gotten I-797C's for all my NOA1's and I-797 for NOA2.

I wonder why SSA is under the impression that the two are different then... I guess they never updated their handbook after the change.

Edited May 29, 2006 by jenn3539

[aussiewench 9]

Thanks for clarifying. Seems I just happened to have gotten I-797C's for all my NOA1's and I-797 for NOA2.

I wonder why SSA is under the impression that the two are different then... I guess they never updated their handbook after the change.

lol I was batting for your team until the stats didnt add up and I went googling. There seems to be many things that dont get updated.

[I'm Gone 60]

Thanks for clarifying. Seems I just happened to have gotten I-797C's for all my NOA1's and I-797 for NOA2.

I wonder why SSA is under the impression that the two are different then... I guess they never updated their handbook after the change.

Because SSA doesn't issue the forms and POMS says Form I-797 (Notice of Action). To me the bigger concern would be why the AOS has taken so long. I would have applied for the EAD card. What she receives in Social Security benefits will recoup the cost of the EAD application.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0300204020

RS 00204.020 Developing Lawful Presence of an Alien in the U.S.

1. Request the Original Immigration Document

a. Receipt for an Application Form Filed for an Immigration Benefit or Document Submitted

In general, a receipt for an application form filed for an immigration benefit or document is not acceptable evidence of U.S. lawful presence.

EXCEPTION: Follow instructions in RS 00204.025B.4.g. for an alien who is the spouse or child of a United States citizen whose visa petition has been approved and the alien has a pending application for adjustment of status.

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0300204025

RS 00204.025 Evidence Requirements for Establishing U.S Lawful Presence

4 Aliens in one of certain classes of aliens permitted to remain in the United States for humanitarian or other public policy reasons

If an alien was admitted as…

g. An alien who is the spouse or child of a United States citizen whose visa petition has been approved and the alien has a pending application for adjustment of status.

Then obtain…

Form I-797 (Notice of Action); OR

EAD (Employment Authorization Document) (Form I-688B/I-766), which shows the provision of law as “274a.12©(9)” on Form I-688B) or the category as “C9” on Form I-766.

NOTE: U.S. citizens may file I-130 petitions for their noncitizen spouses and children as well as I-485 applications for adjustment of status, if the spouses and children are in the U.S. Form I-130 and I-485 contain an A Number and a Receipt Number. If these documents are submitted, consider the alien lawfully present if immigration status is verified with DHS.

And verify status…

With DHS before adjudication in all cases via an online SAVE query. If unable to verify status via online SAVE query response, verify alien status using Form G-845

[*Robert* 2]

I thought that the I-797C was the NOA1 (receipt notice) and the I-797 was the NOA2 (approval notice).

There was a big discussion about this at the old site and after gathering a lot of info from various members....there was no pattern to it. Some get I-797 for both NOA1 and NOA2, some get I-797C for both, some get I-797C for NOA1 & I-797 for NOA12 and vice versa. One is just an old version. So, I spent a lot of time googling about it at the time lol and the I-797C is the newer version of the I-797. All they are is Notices of Action...not specific to being either a receipt or approval. Its becomes what it is when the info is typed into it. Note where the NOA's say 'Notice Type'

As usuall... great information Aussie! I had wondered the same thing, especially when I saw another person with an I-797C, while I had an I-797, when we went for our visa interview.