Missing Documents - will this mess up petition?

[skye54]

Due to some error USCIS entered wrong info (country of birth details instead of country of nationality) in the I-94 section of my son’s H4 extension.
Matter was handled by my wife’s H1B employer who says they sent the entire document (I-797 Notice of approval with attached I-94) to USCIS for correction in ordinary mail (without certification) 4 months ago. Bottom line: USCIS has no record of receiving document and H1B employer has no record/proof of mailing it.

I am a USC and about to file I-130 / I-485 for wife and son. How can I overcome problem of this missing document? I have photo copy of the document. Can I use this to go ahead and file or will this whole scenario mess up the petition? Please help with input on how to proceed.

Many thanks

[LucyMO]

you can file with a photocopy, but do apply for a replacement of I-94 card for your son.

[skye54]

Thanks very much for your input LucyMO. Since the photocopy shows wrong country of nationality do I need to provide a cover note explaining the situation when I-30/I485/I-131 is filed? I would then need to provide USCIS details of the new Notice of Approval and I-94 when I receive it - is that correct?

Thank you