Help Needed on Super Rare H4 EAD RFE Case

[momo678]

HI

I filed h4 EAD standalone in June 18, Received RFE Aug 18，says ?Your H4 nonimmigrant status is scheduled to expire on February 10, 2019."
requesting ?submit evidence to establish that you currently hold H-4 nonimmigrant status as the spouse of an h-1B nonimmigrant." including but not limited to : i797, i94, i539, passport info, stamp, visa.

Below is some context and very important dates information:

My spouse changed his job last year. So I have 2 H4 approval, 2 I-797 but I applied with the most recent I-797.


Febrary 10, 2019 ----- My passport expiration date，and on my passport when I entered the US, the CPB officer wrote on the admission stamps"Class H4 until Feb 10, 2019, PP Exp (passport expiration)"
December 18, 2020----- Latest I797 approved H4 valid through date.
Sept 20,2020----- Older I797 approved H4 valid through date.

All the requested material were submitted along with original EAD application, except for the older I-797.


What's the reason for RFE? Is it because of the passport ? or the Oder i-797? Is the EAD granted based on the date of i-797 or my passport. Any suggestions would be greatly appreciated.

[vyuvarajin]

HI

I filed h4 EAD standalone in June 18, Received RFE Aug 18，says ?Your H4 nonimmigrant status is scheduled to expire on February 10, 2019."
requesting ?submit evidence to establish that you currently hold H-4 nonimmigrant status as the spouse of an h-1B nonimmigrant." including but not limited to : i797, i94, i539, passport info, stamp, visa.

Below is some context and very important dates information:

My spouse changed his job last year. So I have 2 H4 approval, 2 I-797 but I applied with the most recent I-797.


Febrary 10, 2019 ----- My passport expiration date，and on my passport when I entered the US, the CPB officer wrote on the admission stamps"Class H4 until Feb 10, 2019, PP Exp (passport expiration)"
December 18, 2020----- Latest I797 approved H4 valid through date.
Sept 20,2020----- Older I797 approved H4 valid through date.

All the requested material were submitted along with original EAD application, except for the older I-797.


What's the reason for RFE? Is it because of the passport ? or the Oder i-797? Is the EAD granted based on the date of i-797 or my passport. Any suggestions would be greatly appreciated.

I'm not a expert in this regards, but providing my views here.

As per the new USCIS rule or earlier, any one who applies for visa or EADs or any, should have a valid passport which is up-to the expected visa or ead validity period.
As you had mentioned, your entry itself specified Passport Expiration. USCIS provides visa or I94 or EAD approvals till the date your passport is valid no matter how long your I797 is valid.

In this case, you should have renewed your passport, updated your I-94 and then applied for H4 EAD.

Again, I'm not an expert, consulting a immigration attorney would give me more options.