H4 to H1 with H4 extension RFE

[VKRad]

My H4 was expiring on Oct 10, 2017 and so I had applied for H4 extension on Sep 20,2017.

Meanwhile my H1B got approved with validity starting from 11/27/2017. Following which on 12/27/2017 we received a Request for Evidence for the previously applied H4 extension with below information.

 

 

Maintaining status: provide the following evidence to establish that the application(s) was /were in valid nonimmigrant status at the time their Form I-539 application was filed:
Form I-797A, Notice of Action: USCIS records show you have an approved Form I-129 under EACXXXXXXXXXX. Submit copies of all Form I-797A, Notice of Action, approval notices granting the applicant any changes of status and extensions of stay in the United States

 

What should be our response to this RFE? And is there anything we have to file additionally to convert her status from H4 to H1 ?

[pontevecchio]

I am confused. Are their 2 people involved? If you got a H1 I94, why is the H4 COS relevant at all?

[satya2k1]

On 1/12/2018 at 0:28 PM, VKRad said:

My H4 was expiring on Oct 10, 2017 and so I had applied for H4 extension on Sep 20,2017.

Meanwhile my H1B got approved with validity starting from 11/27/2017. Following which on 12/27/2017 we received a Request for Evidence for the previously applied H4 extension with below information.

 

 

Maintaining status: provide the following evidence to establish that the application(s) was /were in valid nonimmigrant status at the time their Form I-539 application was filed:
Form I-797A, Notice of Action: USCIS records show you have an approved Form I-129 under EACXXXXXXXXXX. Submit copies of all Form I-797A, Notice of Action, approval notices granting the applicant any changes of status and extensions of stay in the United States

 

What should be our response to this RFE? And is there anything we have to file additionally to convert her status from H4 to H1 ?

I would send a letter to USCIS withdrawing H4 extension application, and you don't have to send your H1B approval notice.