H-4 transfer without Primary applicant's(H-1B visa holder) I-797

newjerseyguy1

New Member
Hi,

Me and my wife are both in USA on H-1B visa. I have lost my current I-797 notice. My employer has filed I-824 to get another copy of the I-797 approval notice.

My wife would like to transfer her status to H4 visa. Since I do not have the I-797 form (I do have the I-797 petition number), can I apply for my wife's H1 to H4 visa transfer based on already filed I-824.

I do not have a copy of current I-797 and my employer has informed me that he and the lawyer do not have a copy either as USCIS had sent out only one copy.

I believe I-797 approval notice is required for H4 transfer process. Please let me know if there is a way to apply for H4 transfer(while within US and not leaving the country) without the I-797 copy. I do have the electronic email my employer received from USCIS when my H-1B transfer was approved(under Premium Processing) and the email contains all the information.
 
Top