Is H4 I-797 Compulsory for extension with the H1 transfer

[pmohan]

Hi,

I got my H1 transferred in Jun- 2014 with my wife's H4 extension filed with it.

My employer by mistake didn't change the address on the i-539 form due to which the approval notice was sent on the old address i believe.
I called USCIS and rasied a request that i have not recieved the I-797 form . I got the reply that they have not received it back from USPS and i need to submit
I- 824 form for duplicate approval.

Now i am getting my H1 transferred to another company B but they are waiting for my wife's I-797 to file the H1 transfer.

1. How much time it would take if i file I-824 for to recieve the duplicate approval.
2. Can i get the H1 transfer, H4 Extension without my H4 I797.
3.Is there any other option i have

Please help. Thanks in advance

[shervin143]

1. How much time it would take if i file I-824 for to recieve the duplicate approval.
>>> Anywhere between 2-3 months.

2. Can i get the H1 transfer, H4 Extension without my H4 I797.
>>> There is no such thing as H4 transfer. Just because you are changing the employer, there is no need to file form I-539 for your dependents as long as their I-94s are valid and not expiring within the next 6 months. The only benefit filing I-539 for dependents when you change employer is that they will also get their I-94 to match your I-94 expiry date. If your wife's current I-94 is still valid, then your new employer can extend her status without the missing H4 approval notice. If not, you will have to wait until you get the duplicate approval notice. H1B transfrer can be filed without filing I-539 for H4.