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H4 transfer without I-797 notice

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  • H4 transfer without I-797 notice

    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.

  • #2
    You would need the I797. Approval email will not work.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      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

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