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 printed on the notice. Regulation caps an RFE response at 12 weeks (8 CFR 103.2(b)(8)(iv)) and, since USCIS Policy Alert PA-2026-05 of Aug. 5, 2026, officers no longer give the full 12 weeks as standard, so the deadline is often shorter. Extra time cannot be granted, and USCIS may now deny an incomplete filing without issuing an RFE at all. 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 $102 (2026, inflation-adjusted; $100 base). 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.