H4 EAD Category RFE - wrote C36 instead of C26

Hi Anil,
While applying for H4 EAD we have given the category c36 (we were confused b/w c26 and c36).
I applied on April 18th 2019 and I received the receipt number and i am done with my biometrics on july 5th,
my husbands i-140 is approved and extension was pending and just yesterday we got the extension approved the same day we got RFE for my H4EAD.
and In the RFE they have asked us to resubmit

  1. I-94
  2. principal applicants I-765©(35) approval
    now we are confused whether the RFE is because of delay in extension or is it because we have given wrong category while applying.
    please let us know the differnce b/w c(36) and c(26)
    do i need to get this corrected ?
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Hi @shilpa

RFE is to prove C (35) primary applicant’s status.

You should write a cover letter and explain that you wrongly wrote C36 instead of C26.

USCIS may or may not accept your letter. If they don’t, they will reject the application and ask you to refile with correct information.

More information about C35:

  • Category ©(35) is for principal beneficiaries of approved Form I-140s who are in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status and are applying for an initial grant of employment authorization based on “compelling circumstances”, or a renewal of such authorization.
  • Category ©(36) is for qualifying dependent spouses and children of a principal beneficiary granted employment authorization under category ©(35).

Thank you so much for your reply…
Will write them a letter ASAP…

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Hello Shilpa
I made the similar mistake in H4 EAD renewal application and received RFE to prove C36 category because your previous H4 ead approved on C26 category .I wrote letter ASAP along with new application with corrected C26 category, its been 15 day still waiting their decision.
what did they do with your case accept / reject ? , how long did it take to receive their decision ?.
Thanks in advance .

Hi
I did the same mistake,may I know your case is accepted or rejected?
Thank you!

Hi Suchi and Chitra
Sorry for delayed response.
I got my EAD Approved,
Write a letter immediately along with RFE Documents.
Mine took around 3- 4months after sending the letter.
After sending the letter and documents they transferred my case from Nebraska office to California office ,That gave me a hope of that my application is still under consideration.
and Finally got my EAD approved .

Thank You!
Good Luck!

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Thanks a lot shilpa!

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Hi
My H4 ead got approved it took 2 month after sending my RFE.

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Hi Chitra
Congratulations!!

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