H4 EAD Renewal RFE

[sai24]

Hi All,

Urgent Help Needed!!!

This Post is regarding my H4 EAD Renewal RFE.

we filed H4 Extension on July 28,2020 along with my Spouse H1B Extension Application. Later, we filed for H4 EAD Renewal on Aug 20,2020. It has been more than 5 months, still we have not received biometrics appointment. Meanwhile we received RFE for H4 EAD renewal application(filled Aug 20) related to H4 Extension Application .

Following is the RFE Questionnaire that is requested by USCIS:

" Proof of Your H-4 Nonimmigrant Status

Submit evidence to establish that you currently hold H-4 nonimmigrant status as the spouse of

an H-1B non immigrant. Such evidence may include, but is not limited to

1. A copy of your Form I-797, Notice of Approval. for your Form I-539.
2. A copy of your Form I-94, Arrival and Departure Record.
3. The receipt number of your approved Form I-539, if filed earlier; and/or
4. A legible copy of the personal data pages of your passport, the visas on which you last entered the united states, and the latest U.S. admission stamps in your passport. "

The USCIS is requesting for "A copy of your Form I-797, Notice of Approval. for your Form I-539. " which we don’t have yet because the H4 extension application is still in processing.

We already sent the Receipt Copy of H4 extension filed and previously approved H4 copy. we have already sent every thing mentioned in the RFE except for the H4 Approval.

Do we need to wait until the H4 gets approved ? but again we only have until Feb 12 ,2021 to send the RFE response.

we are not really sure what else we would send for this RFE other than sending the same documents again. could anyone please advise on this ?

[vilrey123]

Don't forget to submit your proof of relationship with the principal beneficiary (spouse or parent). How did you send your I-539, was it through post office regular mail, priority mail or FedEx, USPS, etc.? FedEx and DHL normally have electronic transmittal that you can print, you can include this in your RFE as proof that USCIS received your application. You may also explain the situation clearly. Hope you'll be approved soon.

[sai24]

Hi,
Thank you for your response.

we have already submitted the proof of relationship. Actually my I-539 was filed by my spouse company's lawyer along with his H1B extension application. later, we filed H4 EAD Renewal application along with H4 Receipt notice.

[rkk09]

Hi,
H4 EAD is depends H4 Approval and I-140 approval.. If you still have not received H4 Approval then you will need to wait for H4 Ext Approval..