H-1B Approval Notice: How to Read Your I-797A or I-797B (and Why the I-94 Matters)

Your H-1B was approved, but the notice in your hand decides whether you can stay and switch status or must fly home for a visa stamp first.

An H-1B approval notice is Form I-797 from USCIS confirming that your employer's I-129 petition was approved. If you are already in the US and the petition asked to change or extend your status, you get an I-797A, which has a new I-94 printed at the bottom. If you are abroad, or USCIS approved the petition for consular processing, you get an I-797B, which has no I-94 and means you need a visa stamp before your H-1B status starts.

That one letter decides whether you can switch from STEM OPT on the start date without leaving, or must book a consular appointment first. The I-94 sets how long you can actually stay.

Status line, as of October 2026: the $100,000 H-1B entry restriction is in effect on paper through 2027-09-21 under Proclamation 11069, but the fee is blocked by two court orders (California v. Mullin, 2026-06-08, and Global Nurse Force v. Trump, 2026-09-30), both on appeal. USCIS says DHS still plans to collect it if the order it cites is lifted. Interview waivers (dropbox) are gone for H-1B, H-4, L, F and J. Since 2025-09-06 you apply in your country of nationality or residence. There is no domestic H-1B renewal program.

I-129 vs I-797: what each document is

• Form I-129 is the petition. Your employer (the petitioner) files it with USCIS, together with a certified Labor Condition Application from DOL, to classify you as an H-1B specialty-occupation worker. Our Form I-129 explainer covers what goes into it, and what an H-1B visa is covers the category itself.
• Form I-797 is the Notice of Action USCIS sends back. On its Form I-797 types and functions page, USCIS describes the I-797A as issued as a replacement I-94, the I-797B as the approval of a worker petition, and the I-797C as the notice for receipts, rejections, file transfers and appointments. Our guide to every I-797 type covers the rest.

So when HR asks for "evidence of an approved I-129," they mean the I-797A or I-797B approval notice, not the I-129 itself and not the I-797C receipt.

I-797A vs I-797B at a glance (as of October 2026)

The choice is usually made when your employer files. Our breakdown of consular processing vs change of status covers why an employer might choose one over the other. One trap to know: if a petition asks for a change of status but USCIS cannot grant it, for example because you left the US while the case was pending or your prior status lapsed, USCIS can still approve the petition itself for consular notification. You would then get an I-797B instead of the I-797A you expected.

How to read your H-1B approval notice, field by field

Both versions share the same top block.

1. Receipt number. Three letters plus ten digits. The letters show the processing location, such as EAC (Vermont), WAC (California), LIN (Nebraska), SRC (Texas) or IOE (filed online). Use this number to check case status and in any correspondence.
2. Case type. This should read I-129, Petition for a Nonimmigrant Worker. If it reads anything else, you are looking at the wrong notice.
3. Received date and notice date. The received date is when USCIS got the petition. The notice date is when the approval was issued. Neither is your start date.
4. Petitioner and beneficiary. The petitioner is your employer's legal entity, which may differ from the brand name you know. The beneficiary is you. Check the spelling of your name and your date of birth against your passport.
5. Class. This should read H1B.
6. Valid from and valid to. This is the petition validity period, the window in which your employer is approved to employ you in H-1B status. For a cap case, the earliest start date is October 1.
7. Consulate or port of entry (I-797B). For consular notification, the notice names the consulate or the port USCIS was told about. Consular officers generally verify the approval electronically, so check your post's instructions on what paperwork to bring.
8. The text block. On an I-797A it says the petition and the change of status or extension were approved. On an I-797B it says the petition was approved and you need a visa.
9. The tear-off I-94 (I-797A only). Look for an I-94 number, a class of admission and an "until" date. This section is your new arrival-departure record for the stay granted with the approval.

If the name, birth date, class or validity dates look wrong, raise it with your employer's immigration attorney now, not at a consulate or port of entry.

Why the I-94 matters more than the approval notice

The petition validity dates and your authorized stay are two different things. The approval notice says how long your employer can employ you in H-1B status. The I-94 says how long you are allowed to remain in the United States.

If you never leave the US

With an I-797A, the I-94 printed on the notice is your current record, usually matching the petition end date. Keep the original with your passport.

If you travel and come back

When you re-enter, CBP creates a new electronic I-94 at the port of entry. That new I-94 replaces the one attached to your I-797A. CBP may issue an I-94 shorter than the petition. A common reason is a passport that expires before the petition does. If that happens, the I-94 date is the real end of your stay, even though the approval notice shows a later date.

After every entry, download your I-94 from the CBP I-94 website and compare it with your approval notice. If the class, dates or name are wrong, our guide to fixing I-94 errors explains the deferred inspection and USCIS routes. If the I-94 is correct but shorter than you need, that is not an error; it is a planning problem for an immigration attorney before that date arrives.

The worker grace period

Today's discretionary 60-day grace period for H-1B workers whose employment ends still applies. DHS has proposed eliminating it (RIN 1615-AD22, published 2026-09-11, comments close 2026-11-10), but nothing changes unless a final rule is published. That proposal covers H-1B and other workers. It is separate from the F-1 post-completion grace period, which is untouched.

From STEM OPT to H-1B: a typical I-797A timeline

If you were selected in the lottery while on F-1 STEM OPT and your employer filed for a change of status, the sequence usually runs like this:

1. Petition filed. Your employer files the I-129 with a certified LCA and asks for a change of status. USCIS sends an I-797C receipt.
2. Cap-gap. If your OPT or STEM OPT would end first, cap-gap rules can extend F-1 status, and in many cases work authorization, for a limited period while a timely filed change-of-status petition is pending. Your DSO confirms eligibility and updates your I-20.
3. Approval. USCIS issues the I-797A. Your status is still F-1 until the start date.
4. Start date. On the petition start date, often October 1, your status changes to H-1B without travel.
5. First trip abroad. You will need an H-1B visa stamp from a consulate in your country of nationality or residence before you can return. Check current appointment availability on the travel.state.gov wait-times page rather than relying on anyone's anecdote.

Do not travel while an OPT or STEM OPT I-765 is pending, and treat any trip between approval and the start date as a question for your attorney and your DSO first. Leaving the US before the change of status takes effect can change how USCIS treats the request.

What changed for approval-notice holders: old rule vs new rule

On the last row: the fee applies only to "covered employers" (50 or more US employees, with more than half in H-1B or L-1 status), and USCIS released a new I-129 edition dated 09/09/26. The prior 02/27/26 edition is accepted until 2026-11-09. Current editions and instructions are on the USCIS I-129 page.

Travel restrictions that override an approval

An approved petition does not exempt you from entry restrictions. Proclamation 10998, in effect since 2026-01-01 and unchanged since, covers 39 countries: visa issuance is fully restricted for nationals of 19 and partially restricted, for named visa classes, for 20 more. If your nationality is on either list, an approved petition does not guarantee a visa. Read the State Department's announcement on the suspension and talk to an immigration attorney before you leave the US.

Common mistakes

• Treating the approval notice as a visa. An I-797A lets you stay and work in the US. It does not let you board a flight back without a valid H-1B stamp, apart from narrow automatic revalidation cases.
• Reading the petition end date as your stay end date. Your I-94 governs. Check it after every entry.
• Discarding old notices. Keep every approval notice and I-94. Future extensions and green-card filings rely on the full history.
• Assuming an I-797B means you can start work. It does not. H-1B work begins after admission in H-1B status.
• Ignoring a typo. A wrong birth date or misspelled name can surface at the consulate or on your next I-9 reverification. Raise it early.
• Relying on a copy when the original is lost. If the original never arrived or is gone, your employer or attorney can file Form I-824 for a duplicate. See the USCIS I-824 page.

Frequently asked questions

What is the difference between an I-797A and an I-797B?

An I-797A is issued when USCIS approves the H-1B petition together with a change of status or extension of stay for someone already in the US, and it carries a replacement I-94. An I-797B is issued for consular notification: you need an H-1B visa abroad and admission by CBP before H-1B status begins. The I-797B has no I-94.

Is an H-1B approval notice the same as an H-1B visa?

No. The notice confirms USCIS approved the I-129 petition. The visa is a consular stamp in your passport for travel. You can be in valid H-1B status with an I-797A and no stamp, but you need one to re-enter after a trip.

Which date controls how long I can stay, the I-797 or the I-94?

The I-94. If CBP admits you with an I-94 that ends before the petition, for example because your passport expires sooner, the I-94 date is the one that counts.

What should I do if I lose my approval notice or spot an error on it?

A lost or undelivered notice can be replaced through Form I-824, usually filed by your employer or attorney. A USCIS typo can be raised as a service error. Get your employer's immigration attorney involved first, because the correct route depends on the facts.

Can I start working in the US with an I-797B?

Not on its own. You need the H-1B visa and an admission in H-1B status first. Employment starts after that admission.

The bottom line

The notice tells you what USCIS approved, the letter A or B tells you how your status begins, and the I-94 tells you how long you can stay. Keep every original, and bring timing decisions to an immigration attorney, or to your DSO for anything still tied to F-1 or cap-gap. Your own notice and I-94 govern over anything published here.

If you are still on OPT or STEM OPT and working toward a sponsored role, F1Jobs helps international candidates run a focused search for employers that sponsor H-1B.