H4 EAD Renewal RFE

USA H4EAD
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1

Hello,

I changed employer in Sep - 2021 and got a 3 year extension until Aug-2024.

Before switching to a new employer I had a 3 year extension from my previous employer until Aug-2023, on which basis my spouse’s H4EAD was until Aug-2023.

After I switched to a new employer, I planned to extend my spouse’s H4EAD until Aug-2024, for which I submitted all the documents in Jan-2023, which is like technically 8 months before her EAD expires based on my previous employer’s H1B which is Aug-2023, as above.

Now the USCIS came back with a RFE. I’m providing the exact words from the RFE here

Evidence of Principal Applicant’s I-765(c)(35) approval
Submit evidence that the principal applicant(your spouse) has a pending form I-765, or has been granted employment authorization under classification (c)(35). This evidence should be in the form of a receipt notice, an approval notice, or a copy of the front & back of the principal applicant’s Employment Authorization Document.

What does the principal applicant(your spouse) mean here - Does it refer to me, who is the H1B and I-140 holder? or my spouse for whom the H4EAD documents have been submitted? Technically I’m still on H1B and as far as I know that doesn’t require any I-765 form & its only applicable for H4EAD.

If its my spouse, I hope its the existing H4EAD document.

Please can anyone help me here.

Thanks & Regards
Vishal

2

It looks like you entered wrong EAD category on the H4 EAD application.

Did you file it yourself or attorney filed it?

If the form was filled correctly (H4 EAD category is C26), then this RFE seems to be wrong as its questioning C35.

3

Hi Anil,

Thank you for your reply. I hope you’re referring to C36 and not C26 for H4EAD category. If that’s the case, yes I filled C36 and not C35 in the I-765 form. I filed it by myself, since I’ve done this few times already. This is the first time I got such query after 10 months of waiting time. So, what is the best course of action? since this RFE seems to be wrong. Should I run it by my company attorney?

Thanks & Regards,
Vishal

4

You filed wrong category.

H4 EAD category is C26 and not C36.

You should file a new application with correct code.

5

Hi Anil,

Thanks for your reply. I’m confused now. I’ve filed the H4EAD by myself using C36 w/o any issues. The reason is that I have my I-140 approved and C36 sounds more relevant. Please let me know if this is still wrong.

Screenshot 2023-10-29 at 9.17.32 PM
Screenshot 2023-10-29 at 9.17.32 PM762×306 43.6 KB

Thanks & Regards,
Vishal

6

Hi Anil,

Just checking back on my query. I’ve file H4EAD couple of times in the past with C36. Can you please guide me here. Is there anything else that I’m missing?

Thanks & Regards,
Vishal

7

As far as I know, H4 EAD is C26.

You can respond to the RFE by saying you mistakenly wrote C36 and if they agree with you, they might just approve it.

Otherwise, you will have to refile with category C26.

1 Like
8

Yes, H4 EAD category is C26 (Spouse of an H-1B nonimmigrant).

C36 is for Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances.

1 Like
9

Hi Anil/Pankaj,

Thanks for your replies. Actually you’re right & its a mistake from my side. The correct category is C26. So, now when I respond to the RFE, can I respond with the below?

  1. Cover letter explaining what’s included in the RFE along with mentioning the mistake from my side.
  2. New I-765 with the correct code C26
  3. New G-1145 form
  4. Copy of H1B(I797)
  5. Copy of I-140 approval

Please let me know if this should be sufficient?

Do I have to include other documents like photographs, paystubs, payment cheque, marriage certificate etc?

Thanks,
Vishal

10

As part of RFE, they would not accept the new form. They just accept the supporting documents that they have requested.

If you want to send a new form, then, everything needs to be sent again with a fee check as well and as a NEW application.