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


(Anonymous) #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.


(Anil Gupta) #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:


(Anonymous) #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?


(Anil Gupta) #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?

(Anonymous) #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


(Anil Gupta) #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.