H4 EAD RFE to submit Evidence of Pending/Approved I-539

USA
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1

Hi Anil,
I got an RFE for H4EAD application.
They requested “Evidence of Pending/Approved I-539”. “Submit Evidence that you have an approved form I-539, Application to Extend/Change Nonimmigrant status. If you I-539 is still pending, please provide a copy of your I-797 receipt notice”.
Now I have never been in a different status other than H4, so I dont have I-539.
Also I got my H4 while I was in India, so I dont have I-797 for me.
This is my first request for EAD.
Can you please tell me how do I respond to this ?

Thanks in advance.

2

Don’t worry. They basically want your H4 status proof. Did you send your H4 visa copy or i94 with your H4 EAD application?
Form i539 is filled when you want to extend your H4 within USA. If you have not filed for H4 extension, then you can submit any of these proofs:

H4 Status Proof

  1. Copy of H-4 visa holder’s MOST RECENT I-797 Approval. If an H4 extension has been done recently, use the extension approval. OR
  2. Most recent i-94 copy. If extension approved recently, the NEW i94 would be attached with your H4 extension approval (i797).

More information:

3

Thank you for response.
I have not filed extension on my H4 yes since I still have validity till end of next year.
I have attached passport H4 visa page copy and I also attached most recent I94 copy showing I entered as H4 this year.
Not sure what is missing in this situation.
Can you please suggest?

4

This is strange. Answer these questions to help me understand your situation:

  1. Till what date is your i94 valid and what does your i94 show you status as? Is it “H4”?
  2. Have you traveled out of US recently or filed any other visa while staying in USA?
  3. When is your passport expiring?
5

  1. Till what date is your i94 valid and what does your i94 show you status as? Is it “H4”?
    – I94 admit until date: Oct 2019
    – Class of Admission: H4

  2. Have you traveled out of US recently or filed any other visa while staying in USA?
    – I got my visa last year and I went to India for sometime and again came back in July this year. After application , I did not leave usa. No other visa applied.

  3. When is your passport expiring?
    – Expiring Oct 2019

6

This looks good too.
I am just suspecting that your i94 is not updated.

Did you check CBP website for most recent i94?
I don’t see any reason for this RFE if i94 on CBP wesbite is reflecting H4 and Oct 2019 as validity date.

If it’s correct, you can reply to this RFE with i94 copy and cover letter explaining that you never filed for H4 extension i-539 because your H4 is valid and you should be good.

7

I got same RFE for my H4 EAD application.

My Visa is approved in India and my visa valid till 14th August 2020.
Passport is valid till December 2028.

Is that same issue or what might be the issue ?

8

Hi @ramakrishna_k

You can also share the same set of documents that I shared earlier. This should work.

9

Can you share me the sample cover letter explaining this issue?

10

I don’t have a sample letter for this situation. You van simply write that you entered US using H4 visa and have not reached a stage where H4 i539 is required.