V575 Posted October 16, 2019 Report Share Posted October 16, 2019 Hi All, I had applied for H4 EAD for my wife, using my previous petition which was valid till Oct 2019, by then my current h1 amendment was in process because of location and client change. so she got H4 EAD valid till Oct 2019. Recently we went to India, then at the POE our I-94 is updated as per my latest petition which is valid till Oct 2020. So using that updated I-94, we applied for H4 EAD renewal without applying for H4 Extension (I-539, we felt that is not required because of the updated I-94 valid till Oct 2020). Now we got RFE on H4 EAD Renewal, so waiting for the RFE copy to receive by mail. 1. What could it be ? 2. Is it something wrong to file H4 EAD renewal without applying for H4 extension, even though the I-94 is valid till Oct 2020 ? 3. If the RFE says to submit the approval notice of H4 Extension or at least the receipt, should we apply for H4 Extension now and submit the receipt as part of the RFE response ? Suggestions would be really appreciated, Thanks in advance. Quote Link to comment
User099 Posted October 17, 2019 Report Share Posted October 17, 2019 1. It could be anything, who knows. Did she get her H4 Visa stamped till Oct 2020 when you went to India? Quote Link to comment
V575 Posted October 17, 2019 Author Report Share Posted October 17, 2019 Hi, No, before visa expires we went and came back like before the first time visa expiry date Oct 2019. So at that time, she did not need the Visa stamping as the validity is still there. Quote Link to comment
User099 Posted October 17, 2019 Report Share Posted October 17, 2019 It looks to me like she might be out of status depending on when in this month her old visa is expiring. I would talk to an attorney ASAP to make sure all is good. Quote Link to comment
pontevecchio Posted October 17, 2019 Report Share Posted October 17, 2019 On 10/16/2019 at 6:54 PM, V575 said: Is it something wrong to file H4 EAD renewal without applying for H4 extension, even though the I-94 is valid till Oct 2020 ? Good question. if she has been working, have her run this by her employer's lawyer? Quote Link to comment
V575 Posted October 21, 2019 Author Report Share Posted October 21, 2019 Hi All, Here is the RFE Query documents to be submitted. Submit evidence that your spouse is currently maintaining his/her valid H-1B nonimmigrant status. Such evidence may include, but is not limited to: A copy of your spouse’s Form I-797, Notice of Approval, for Form I-129; A copy of your spouse’s Form I-94, Arrival and Departure Record; The receipt number of your spouse’s approved Form I-129, if filed earlier; and/or A legible copy of the personal data pages of your spouse's passport, the visas on which he/she last entered the United States, and the latest U.S. admission stamps in his/her passport. I have approved I-797, updated I-94 till Oct 2020, so would be sending them. Questions: I didn't understand the third point, is that the same I-797 approval copy that they need ? Also my doubt on the last point is do I really need to send my Passport pages as I didn't go for stamping with the new petition, so it didn't have Visa on that but has port of entry stamped the admission till Oct 2020. So should I send them ? Suggestions would be highly appreciated. Thanks ! Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.