I-797B — Notice of Action (Approval for I-140/I-526)

USCIS I-797B confirms approval of employment-based immigrant petition (I-140) or investor petition (I-526/E). Includes Priority Date. KEEP — needed for AOS or consular processing.

I-797B — Notice of Action (Approval for I-140/I-526)

USCIS I-797B confirms approval of employment-based immigrant petition (I-140) or investor petition (I-526/E). Includes Priority Date. KEEP — needed for AOS or consular processing.

What to do

  1. Note your Priority Date carefully. 2. If Priority Date current per Visa Bulletin, file I-485 (AOS) or DS-260 (consular). 3. Maintain valid nonimmigrant status if waiting in US (H-1B usually). 4. Keep original — needed for I-485 filing.

Common scams to avoid

⚠️ Always verify letter is legitimate BEFORE acting:

  • USCIS NEVER calls first — always letter first
  • IRS NEVER asks for payment in bitcoin, gift cards, instant transfer
  • USCIS/IRS do NOT threaten deportation by phone
  • Verify case number at egov.uscis.gov or irs.gov/account
  • Call OFFICIAL number from uscis.gov/irs.gov — NOT the number on suspicious letter

Resources


Last verified: 2026-05-25.

General information — not legal advice. Consult attorney or CPA with ITIN/immigration experience.

Recent USCIS notice code context (2025-2026)

USCIS issues approximately 6 million notices annually including I-797 series (action notices) and various correspondence. Common I-797 variants: I-797 (Approval), I-797A (Approval with replacement I-94), I-797B (Approval Notice / nonimmigrant), I-797C (Action Notice — receipts, transfers, biometrics scheduling), I-797D (companion to I-797C for sponsored I-130), I-797E (Request for Evidence / RFE), I-797F (Boarding Foil/Transportation Letter).

For RFEs (Request for Evidence — Form I-797E): respond by the deadline listed (typically 30-87 days, USCIS may not extend). Submit response in ONE package with the original I-797E attached + all requested evidence with cover letter listing each item. Missing the deadline triggers denial with refusal of fee refund. Common RFEs: missing translation certifications, marriage bona-fide evidence, employment verification for H-1B, asylum corroborating evidence.

For Notice of Intent to Deny (NOID) and Notice of Intent to Revoke (NOIR): respond by deadline OR your case will be denied / approval revoked. NOIDs typically allow 30-33 days; NOIRs vary. For ASC (Application Support Center) biometric appointments: reschedule via myUSCIS or call 1-800-375-5283 Monday-Friday 8:00am-8:00pm ET. Rescheduling allowed once or twice without case impact; abuse leads to denial.

H.R.1 / OBBBA effective 2026-05-29 introduced new fees including asylum filing $100 (Form I-589) + Annual Asylum Fee $100. Verify current USCIS fees at uscis.gov/g-1055 (Form G-1055) before filing. USCIS e-Notification (Form G-1145, FREE) sends email/SMS when forms are received — request when filing any USCIS petition.

Frequently asked questions

What does it mean that USCIS sent me an RFE?
RFE = Request for Evidence. USCIS needs more documents to process your case. NOT a denial — it’s a pause with deadline to respond (typically 60-87 days). Respond with EVERYTHING requested. Failure to respond = denial.
How long do I have to respond to a USCIS Notice?
Depends on type. RFE: 60-87 days. NOID (Notice of Intent to Deny): 30-33 days. Most other notices: 30-60 days. Deadline is on first page of notice. DO NOT ignore — failure to respond = denial.
If I received an IRS letter, should I be worried?
Most are routine: info requests, minor changes, reminders. You DO need to respond by specific deadlines. DO NOT volunteer additional info. Take letter to CPA/IRS Authorized representative. NEVER call number in letter if suspicious — go to irs.gov directly.
Is this USCIS/IRS letter legitimate?
Verify: (1) USCIS letters have specific format, case number (alphanumeric 13 chars), official address. (2) IRS NEVER calls first — always letter first. (3) Use official site: USCIS Case Status (egov.uscis.gov) or IRS Account (irs.gov/account). COMMON SCAMS: ask for bitcoin/gift cards, threaten deportation, urgent.