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Received RFE on H4 EAD

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I was on H4 visa from Oct 2011. In 2013 my h1 got approved and I started working in USA.From Oct 2013 - April 2018 I worked on  H1B. In 2018, because of personal reasons I wanted to move to H4. I went  to my base country (India) on vacation and during same trip, I resigned from my H1 job (april 2018) and also got my H4 visa stamped (May 2018).Since then I am not working. Also, my husband who is on H1B has an approved I-140.

After I was back in US on H4 visa (June 2018), I applied for H4 EAD.  Recently, I got an RFE on my H4 EAD with below comments:
"Submit evidence that you have an approved Form I-539, application to Extend / Change. Non-immigration status. If your I-539 is still pending, please provide a copy of your I-797 receipt notice".

I did not file any I-539. As per my understanding, if I were in US and wanted to change my status then I-539 is required, however if I applied/got stamped visa under different category (h4), it should nullify the 1st visa (h1). Therefore I should not require I-539.

Q1. Is it mandatory to file I-539 even when getting different category of visa stamped?

Q2. How should I respond to this RFE?

Q3. If I did make a mistake and missed filing I-539 how should I proceed now?

Q4. Any other suggestions that you have.

Any suggestions on how to move forward on this would be appreciated.

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Hi, I converted from H1 to h4 as well.

Basically I-539 is the form you fill to get to the h4 visa. I don't think there are any other forms too apply to get an H4 visa.

All they are asking you is an approved H4 copy if my understanding is right. You must have revieved an i-797A for your H4 which you submitted during your stamping... 

Attach that, Visa(H4) stamp on you passport & i-94 along with Travel history as proof. I think you should be fine.

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I applied for H4EAD in March 2019 and last week received RFE for the same where they are asking me to send copy of spouse approved 797.

My question is how to response for this RFE.

Do I have to include any other document like spouse pay slip with 797 or I just need to send only spouse approved 797?

Any help and suggestion would be really appreciated.

Thank you.


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