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 ?
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
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
Most recent i-94 copy. If extension approved recently, the NEW i94 would be attached with your H4 extension approval (i797).
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?
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
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.
When is your passport expiring?
– Expiring Oct 2019