RFE on H4 EAD Renewal


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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.

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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.


  1. I didn't understand the third point, is that the same I-797 approval copy that they need ?
  2. 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 !

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