H4 Extension RFE

[Yoga]

Hi,

My H1 expires in September 2016 so we applied for extension in May with Premium Processing. Also applied for I-539 extension for my wife and kid at the same time. On June 2nd my mom expired and we all had to travel to India. Around mid of June USCIS sent back the I-539 application with checks since my employer sent two checks instead of one check(one each for my wife and kid). I asked my friend to forward the mail to my employer and my employer corrected the check and sent the application back to USCIS with corrected check amount.

 

On June 29th USCIS accepted the application and receipt number generated. On August 29th we got an RFE requesting for below two evidences:

 

Maintenance of status:

1. Three recent payslips of spouse

2. Were you lawfully present in US at the time of application

What should we provide for #2. Their VISA and I-94 which shows the expiry on 10/10/2016? or do we need to send the whole passports pages?

Right now my wife and kid are in India and they are not coming here until Feb2017. Can I respond to the RFE in this case? 

FYI...My H1B got approved around mid June and got my visa stamped while I was in India with out any issues.

 

Please advice on how to proceed.

 

[pontevecchio]

Once you left there was no need to even think of the EOS application as it is redundant in view of your leaving the country. No status to extend for them. Just ignore the I-539 matter. Let them get a H4 visa and return at whatever time with a copy of your H1 petition approval.

[Attorney_15]

The law generally requires a person be physically present in the United States for filing of an I-539 to extend or change status. Absence from the U.S. at the time of filing is usually enough of a reason for USCIS to deny the I-539.