Happy New Year…
Recently we got a rejection notice from USCIS for H4 EAD as H4 Petition is expired on Dec 31, 2020.
We applied for H4 EAD when H4 797 was valid and we applied for H1B and H4 Extension… We got approval for H1B Extension but H4 Extension is still pending… Meanwhile we got RFE to submit the latest Paystub for H4 EAD and we submitted all the recent paystub of Primary (H1B). After receiving the paystub they sent a deniel notice saying “Your Form I-539, Application to Extend/Change Nonimmigrant Status, to extend your H4 Non Immigrant Status Expired on December, 31, 2020. Therefore, your application for Employment Authorization (i-765) is denied”… However if i disagree with this decision, i can submit a motion to reopen by completing the form i-290B.
With the above information, do you think that i can submit a motion to reopen as H1B Extension is approved and H4 Extn is in progress ?
Kindly let me know your thoughts…