H4 EAD RFE - Spouse in India

[frank_mavros]

I had submitted all the required docs for my spouse’s I765 back in December 2020 and we got an RFE yesterday. My spouse had to travel back to India for family emergency. The RFE requests below piece of information :-

• Proof of status

• Evidence of pending/approved I539

My wife had H4 status till December 2021 but now she has neither approved I539 nor stamped visa. She is planning to do her dropbox next week but won’t be traveling to US till another 2 months.

In order to respond to RFE, can I submit just her new visa stamped page from her passport? Is that sufficient to prove H4 status or does she need to travel to US to submit her new I94?

[Kalpesh_Dalwadi]

@frank_mavros

In order to respond to RFE, can I submit just her new visa stamped page from her passport? Is that sufficient to prove H4 status or does she need to travel to US to submit her new I94?

Ideally, USCIS will want to see the I-94 issued by CBP after she enters back to the US. However as you have limited time to respond to RFE, you can provide the copy of visa page and explain in the cover letter about her plan to travel back to the US by providing approximate timeline. Hopefully they will consider this and approve the EAD.