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smi4975

RFE on 485

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Hello All,

 

My husband is the primary applicant( I140 is on his name and thru his employer), and i filed for the I485 with him as a dependent in Jan 2012. when i filed for the 485 i was still on my H1B which got expired in Nov 2012. We got the EAD within 2 mths time and now the EAD is valid till 2015. After Nov 2012, i applied for my H4 Visa but the stamping is not yet done. This to give a background.

 

I got the RFE on my 485 last week asking for aditional details. We were not able to figure out what exactly is needed.

 

 

 

Can someone please advise what documents need to be submitted? My husband's case status also shows as RFE but he has not personally received any letter.

So we are not sure what needs to be done.

 

Please advice.

 

<<attached is the RFE details>>

 

 

--Thanks to all...

 

 

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Why did you even file for an H4? Your pending I-485 keeps you legal. And you can even work anywhere with the EAD.

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You cannot file for H4 if your husband/primary applicant is on EAD. Didn't your attorney mention about this?

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You cannot file for H4 if your husband/primary applicant is on EAD. Didn't your attorney mention about this?

OP did not say her husband has used EAD .   Merely having a EAD does not make one "on EAD".  

 

OP,  lot of people are getting similar RFE.   Reply with a letter clarifying that you are not the Primary Applicant but a dependent, mention your status history and include appropriate proof (H1, H4, EAD).  PEr a posting from Murthy, you need to provide proof of work authorization when you were working (for your case from Jan 2012 to Nov 2012 , I guess). 

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