Lost H4 approval notice with I-94 - Applying for 485 AOS based on I-797C

[Raj_A_1]

I am filing I-485 AOS under EB-1 A category (extraordinary ability) for myself along with my spouse (dependent). I have a question regarding the supporting documentation for the dependent while applying for I-485 AOS. 

As a proof of my spouse's latest H4 extension approval we have is a I-797 C which is a "Notice of action", a courtesy copy.  The extension was approved during our stay in the US. Even though the status has been approved, we never received an approval notice I-797A along with a new I-94. Probably lost in mail while moving. The only document other than the online case status, that states that her extension is approved through 2019 is the I-797C. The I-94 based on her last travel in 2017, also expired in Dec 2017.

My question is, can I go ahead and file her I-485 along with that I-797C? Is that a good enough evidence or should I get a duplicate and then file along with the I-797A and I-94? Will it be considered a gap if I file with I-797C and an expired I-94, instead of approval notice and current I-94? 

With the new "no RFE" rule that took effect on Sep 11, 2018, I do not want to take a chance. Need some expert recommendations please.

Note: 
1. The attorney did not receive it either 
2. I have already raised a service request for a copy of I-797A and I-94 
3. All other previous I-797A's are available for my spouse 
4. I am the primary applicant and my I-797A with I-94 (through 2019) are available

[sin123]

On 10/19/2018 at 7:30 AM, Raj_A_1 said:

I am filing I-485 AOS under EB-1 A category (extraordinary ability) for myself along with my spouse (dependent). I have a question regarding the supporting documentation for the dependent while applying for I-485 AOS. 

As a proof of my spouse's latest H4 extension approval we have is a I-797 C which is a "Notice of action", a courtesy copy.  The extension was approved during our stay in the US. Even though the status has been approved, we never received an approval notice I-797A along with a new I-94. Probably lost in mail while moving. The only document other than the online case status, that states that her extension is approved through 2019 is the I-797C. The I-94 based on her last travel in 2017, also expired in Dec 2017.

My question is, can I go ahead and file her I-485 along with that I-797C? Is that a good enough evidence or should I get a duplicate and then file along with the I-797A and I-94? Will it be considered a gap if I file with I-797C and an expired I-94, instead of approval notice and current I-94? 

With the new "no RFE" rule that took effect on Sep 11, 2018, I do not want to take a chance. Need some expert recommendations please.

Note: 
1. The attorney did not receive it either 
2. I have already raised a service request for a copy of I-797A and I-94 
3. All other previous I-797A's are available for my spouse 
4. I am the primary applicant and my I-797A with I-94 (through 2019) are available

Hi Raj,

 

Can you please let me know what happened to your case. ALmost in same situation. Please help!

 

Sin