Answered September 2026

You can get a copy, but the official duplicate normally must be requested through your employer; your independent fallback is an online request for your own USCIS records.

“My H1B was approved recently, but my employer still has not mailed me my I-797 approval notice. What options do I have to get a copy of it, since I need it to update my documents?”

Summary

The employer holding the paper does not erase the approval; USCIS’s rule sends the H-1B approval notice to the petitioner. Start by obtaining a complete scan, while preserving the USCIS duplicate and records-request routes if the employer cannot or will not provide it.

Your best route depends on whether the employer has the notice, never received it, lost it, or will not cooperate.

Get the existing copyfastest

Ask the employer/ and its immigration counsel for a complete PDF immediately and the original if needed. USCIS sends an H-petition approval Notice of Action to the petitioner, so the employer or its lawyer is normally the first place to obtain it (8 CFR 214.2(h)(9)(i)(A)).

Report USCIS non-deliveryif never received

If the petitioner also never received the notice and it is not in its USCIS online account, have the employer or authorized representative submit the official non-delivery inquiry after confirming that Case Status Online shows a notice was issued (USCIS Non-Delivery of Notice e-Request).

Have the employer request a duplicateofficial duplicate

For a lost notice or when a USCIS-issued duplicate is required, the employer completes and signs Form I-824, selects Part 2, Item 1.a, pays $590, and mails it to the USCIS Phoenix Lockbox. The duplicate contains the I-797 approval information but not the approved I-129 petition (Form I-824 Instructions; 8 CFR 106.2(a)(52)).

File Form I-824 yourselfnot for you

Being the H-1B does not by itself let you sign this request: the I-129 is filed by the U.S. employer, while the I-824 instructions require the applicant or petitioner of the approved matter to complete and sign the duplicate-notice request (Form I-129 Instructions; Form I-824 Instructions).

Request your own USCIS recordindependent

If the employer will not help, make a narrow online for “the Form I-797 approval notice and approved Form I-129 petition for receipt number [number].” USCIS permits requests for your own immigration records and says precise requests are faster than asking for the entire file (USCIS FOIA/PA Records Page).

A scan, a FOIA record copy, and a USCIS-issued Form I-824 duplicate are different products; the updating agency may not accept all three interchangeably.

Read the full explanation

Watch out for

An I-797A may contain your I-94If the approval is , its lower portion is a replacement Form I-94. A Form I-824 duplicate contains only approval-notice information and does not promise a replacement authorization document. If the USCIS-issued I-94 is genuinely lost, Form I-102 is the separate replacement route; the current general paper-filing total is $584 (Form I-824 Instructions, pp. 2–3; Form I-102 Instructions, p. 1; 91 FR 22952).
A FOIA copy is not an official duplicateA can retrieve your own USCIS records, but USCIS may redact information about other people. The USCIS-issued duplicate approval-notice procedure is Form I-824, filed by the applicant or petitioner (USCIS FOIA/PA Records Page; Form G-639; Form I-824 Instructions, Part 2, Item 1.a).
The required LCA copy is differentDepartment of Labor guidance requires an H-1B employer to give the worker a copy of the Labor Condition Application by the reporting date. That rule identifies the LCA—not Form I-797—so do not rely on it as a rule requiring delivery of the approval notice (DOL Fact Sheet #62M).
The 60-day rule runs from filingFor a non-delivery inquiry, USCIS says first confirm that it issued the notice and that the notice is absent from the online account. USCIS also says not to submit an inquiry until at least 60 days after the petition was filed—not 60 days after approval (USCIS Non-Delivery of Notice e-Request).

Next steps

These steps move from the quickest no-filing option to the formal duplicate and independent-record routes.

Do this first

Request a complete copy in writing

Email the employer’s HR contact and petitioning immigration counsel requesting a complete PDF of every page of the approval notice, including the lower I-94 section if it says I-797A. Also request the original by trackable mail if the updating agency requires it; USCIS sends the approval notice to the petitioner under 8 CFR 214.2(h)(9)(i)(A).

Requirements

H-1B receipt number, if available

If the petitioner never received it

Have the employer submit a non-delivery inquiry

The employer or authorized representative should first use https://egov.uscis.gov/ to confirm that USCIS issued the notice and check the petitioner’s online account. If no paper or online notice is available, submit https://egov.uscis.gov/e-request/ndn; USCIS says at least 60 days must have passed since the petition was filed.

Requirements

Receipt number
A-Number, if applicable
Petition filing date
Form filed: I-129
Item not received: approval notice
Contact email

If an official duplicate is needed

Have the employer file Form I-824

Select Part 2, Item 1.a. For USPS, mail to USCIS, Attn: NFB, P.O. Box 21281, Phoenix, AZ 85036-1281. For FedEx, UPS, or DHL, mail to USCIS, Attn: NFB (Box 21281), 2108 E. Elliot Rd., Tempe, AZ 85284-1806. The duplicate provides the I-797 approval information, not a copy of the approved I-129 petition.

Requirements

Current 04/01/24 edition of Form I-824
Employer/petitioner signature
Copy of Form I-797 for the previously approved I-129, as required by the instructions
$590 filing fee
Approval that has not expired or been revoked

If the employer will not cooperate

Request your own USCIS record online

Go to https://first.uscis.gov/ and request exactly: “My Form I-797 approval notice and the approved Form I-129 petition for receipt number [number].” Do not request the entire file unless necessary. Send no upfront payment; USCIS contacts you if chargeable costs apply, and information concerning other people may be redacted.

Requirements

USCIS online account
H-1B receipt number, if available
Identity information required by USCIS

If the updating agency participates

Use SAVE verification while waiting

Give the agency the listed information and ask it to run or continue its verification. USCIS expressly lists the I-797 receipt number as an accepted SAVE identifier, although this does not replace the agency’s own document requirements.

Requirements

First and last name
Date of birth
Most recently issued immigration document
I-797 receipt number, I-94 number, A-Number, or another accepted identifier

Legal sources

This answer is based on the current eCFR, USCIS forms and records guidance, USCIS SAVE materials, and Department of Labor H-1B guidance.

8 CFR 214.2(h)(9)(i)(A)

USCIS sends the H-petition approval notice to the employer/petitioner, not separately to the worker.

8 CFR 214.2(h)(9)(i)(A)

(h)(9)(i)(A)

USCIS will notify the petitioner of the approval of the petition on a Notice of Action. The approval notice will include the beneficiary's (or beneficiaries') name(s) and classification and the petition's period of validity.

Read the full text

Form I-129 Instructions

The H-1B I-129 is filed by the U.S. employer, establishing who the petitioner is.

Form I-129 Instructions

General Information

A U.S. employer may file this form and applicable supplements to classify an alien in any nonimmigrant classification listed in Part 1. or Part 2. of these Instructions.

Read the full text

USCIS Non-Delivery of Notice e-Request

This establishes when a petitioner can use the non-delivery inquiry and the waiting rule.

USCIS Non-Delivery of Notice e-Request

Before submitting any inquiry about a notice that you believe may have been issued on your case, but that you have not yet received, first check your case status using the Case Status Online tool to determine if USCIS has issued you a notice. If USCIS issued a notice and you have not received it or it does not appear in your online account, then you may submit an inquiry. NOTE: Please do not submit an inquiry on a recently filed application or petition until after at least 60 days.

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Form I-824 Instructions

The applicant or petitioner requests a duplicate I-797 by signing Form I-824 and choosing Item 1.a.

Form I-824 Instructions

Part 2, Item 1.a; pages 2–3

If you are the applicant or the petitioner of the previously approved application or petition, and you are now requesting action in Part 2., Item Number 1.a. or Item Number 1.b. of this application, you must complete and sign this application. If you are requesting a duplicate approval notice of the application or petition, select Item Number 1.a.

Read the full text

Form I-824 Instructions

An I-824 duplicate reproduces approval-notice information, not the underlying approved petition or another authorization document.

Form I-824 Instructions

Part 3, Item 1; page 3

The duplicate approval notice contains only the information regarding the approval as listed on the original Form I-797, Notice of Action. The duplicate approval notice does not include a copy of the previously approved application or petition; it only includes Form I-797. A replacement Employment Authorization Document (EAD) card, Permanent Resident Card, travel document or any other USCIS authorization document will not accompany the duplicate approval notice.

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8 CFR 106.2(a)(52)

The current regulatory filing fee for Form I-824 is $590.

8 CFR 106.2(a)(52)

(a)(52)

Application for Action on an Approved Application or Petition, Form I-824. To request additional action on a previously approved benefit request. $590.

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USCIS I-824 Direct Filing Addresses

A standalone USCIS Form I-824 is mailed to the Phoenix Lockbox.

USCIS I-824 Direct Filing Addresses

USCIS Phoenix Lockbox. U.S. Postal Service (USPS): USCIS Attn: NFB P.O. Box 21281 Phoenix, AZ 85036-1281. FedEx, UPS, and DHL deliveries: USCIS Attn: NFB (Box 21281) 2108 E. Elliot Rd. Tempe, AZ 85284-1806.

Read the full text

USCIS FOIA/PA Records Page

You may request your own USCIS records online, and a narrowly specified request is faster.

USCIS FOIA/PA Records Page

Under the Freedom of Information Act (FOIA) and the Privacy Act (PA), you can request: Your own immigration records. Try to request only the specific documents you need. We can process requests for precise records much faster than requests for an entire file.

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USCIS FOIA/PA Records Page

USCIS now directs FOIA and Privacy Act requesters to use its online process.

USCIS FOIA/PA Records Page

Effective January 22, 2026, all Freedom of Information Act (FOIA)/Privacy requests for USCIS records should be submitted online.

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Form G-639

A USCIS records request has no upfront payment, though limited charges can apply.

Form G-639

Part 3

USCIS will contact you with instructions if any fees are required. Please do not send any payment at the time of your request. In accordance with Department of Homeland Security Regulations, your request constitutes an agreement to pay any fees that may be chargeable up to $25.00. We do not charge for the first 100 copies and two hours of search time, and the remaining combined charges for search and duplication must exceed $14.00 before we will charge you any fees.

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USCIS I-94 Quick Reference Guide

An I-797A can include the replacement I-94 needed to prove a USCIS-approved change or extension of status.

USCIS I-94 Quick Reference Guide

Form I-797A

USCIS issues this document to an applicant as a replacement Form I-94 (an arrival and departure record). This typically means that USCIS approved an applicant’s change of status so they can legally continue to remain in the United States.

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Form I-102 Instructions

A worker whose USCIS-issued I-94 from an extension or change of status is genuinely lost can request a replacement with Form I-102.

Form I-102 Instructions

Who May File Form I-102, Item 3

Were granted an extension of nonimmigrant stay or change of nonimmigrant status after you were initially admitted to the United States, and you need a replacement of your lost, stolen, or mutilated Form I-94.

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91 FR 22952, Table 1

The 2026 general paper-filing total for replacing a lost or damaged I-94 is $584.

91 FR 22952, Table 1

Table 1

General Filing (lost, stolen, mutilated, damaged, or other reasons not covered elsewhere) | $560 | $24 | $584

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SAVE Records: Fast Facts for Benefit Applicants

A participating benefits or licensing agency can submit an I-797 receipt number through SAVE to verify status.

SAVE Records: Fast Facts for Benefit Applicants

What is needed to verify my immigration status or U.S. citizenship?

An agency that uses SAVE needs your first name, last name, date of birth, and an identifier. Identifiers used by SAVE include: Alien Number (A#)/USCIS Number, Form I- 94 Arrival/Departure Record Number (I-94#), Student and Exchange Visitor Information System Identifier (SEVIS ID), Naturalization/Citizenship Certificate Number, Card Number, I-797 Receipt Number, Visa Number, and Social Security number.

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DOL Fact Sheet #62M

The employer’s express DOL handout obligation concerns the LCA, not the I-797 approval notice.

DOL Fact Sheet #62M

H-1B Worker Notification

The employer must give a copy of the LCA to each H-1B worker no later than the date he/she reports to a permanent place of work.

Read the full text

These are the official rules as published on the cited dates; immigration forms, fees, addresses, and procedures can change.

This is general information about official processes, not legal advice; SettleKit is not a law firm.

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