H4 transfer without I-797 notice

[newjerseyguy]

Hi,

Me and my spouse are currently on H-1B visa. I have lost my current I-797 approval notice and do not have a copy either. My employer informed me that he and lawyer also do not have a copy as only one was sent by USCIS.

My spouse would like to come on H4 visa. I do have approval email from USCIS that we received when I-797 was approved under Premium Processing. The email contains all the information including Petition Number, approval date, expiry date and I-94 number.

My question is can I file for my wife's H-4 transfer based on approval notice email and I-824 (it has been filed to get duplicate I-797 approval notice around 3 months back).

Any suggestions would be appreciated.

[txh1b]

You would need the I797. Approval email will not work.

[abhayg4]

Hi,

As per the process from USCIS - they send two copies of I-797 , one is a courtsey original copy to the employer and other is the copy to the lawyer/firm if they applied for ur extension/H1.
Courtsey Copy is I-797C (which consist of all the information as same as I-797A) except for the bottom part which has I-94 (incase of extension) or Consulate details(in case of new H1).
So u r saying that u /employer/lawyer do not have either of these two originals or even the photcopies!!!!!!!.
I am not sure but law firms , they generally scanned all documents which they file/receive on behalf of their clients.
If not then as correctly mentioned by txh1b - it will be very difficult without it.
As I-797A original/I-797C courtsey copy is the main document required to prove ur H1 status .

I am not sure but the Email u have got , Letter from u employer ,Letter from ur lawyer stating the facts , I-824 Application copy that u have applied for the duplicate , u can try with these and maybe consulate can confirm the details from their system/PIMS application.

Best of Luck!!!!!

Thanks,
Abhay