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vivekmehta

Missing I-797A (H-4 Approval Notice) - Next Steps?

By vivekmehta in Work Visas

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vivekmehta Newbie

vivekmehta   0

Posted
Timeline
Posted

Hi everyone,

I am looking for guidance from anyone who has experienced something similar.

  • My spouse’s H-4 extension (I-539) was approved on Aug 5, 2025.
  • USCIS case status shows that the approval notice (I-797A) was mailed, but we never received it.
  • We only received the I-797C (receipt/notice).
  • The H-4 EAD (I-765) filed concurrently was approved and EAD card was received successfully.

What we have done so far:

  • Filed an e-Request for non-delivery (Jan 15, 2026) → no response
  • Attorney filed a second e-Request (Feb 20, 2026)
  • USCIS provided a response date of March 24, 2026, but:
    • No response received
    • Attorney followed up with USCIS twice → told that both service requests are still pending
    • USCIS did not provide any timeline

Current USCIS stance (per attorney):

  • If the notice is not returned as undeliverable by USPS, USCIS may require filing Form I-824 to request a duplicate
  • I-824 processing times are ~12–15 months

 

 

 

**********************************************************************************************************************

My Questions:

  1. Has anyone successfully gotten USCIS to reissue an I-797A through service requests or escalation (Tier-2 / supervisor) when it was not returned by USPS?
  2. Is it normal for USCIS to keep service requests open without response beyond SLA?
  3. Were you eventually forced to file I-824, or did escalation work?
  4. Any success with congressional inquiry or ombudsman in similar cases?
  5. If you filed I-824:
    • Did you file yourself or through an attorney?
    • Any faster-than-posted timelines?

 

I would appreciate any kind help in this situation. It feels like we are being "punished" for negligence on behalf of USCIS.

 

Thanks,

Vivek

TBoneTX Grand Master

TBoneTX   49,628

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Welcome to the forum.

 

At this point, you should contact your U.S. Congressman's "immigration liaison" (usually in the Washington, DC office).  There will be a release form to complete, giving that office permission to intercede on your behalf.  See if you can find it on their website, or they can direct you to it.  Submit the form and ensure that the office has received it.

 

Be sure to let us know the outcome.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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