H4 RFE requesting H1 approval

I was working for Company A and we had filed for my H1(along with H4) extn in Sep 2018 which was approved till Sep 2021.

I transferred to Company B in Jun 2019. H1 transfer was approved till Dec 2021. We did not file separate H4 as I already had approved H4 petitions from above with Company A.

I filed for H4 extn in Aug 2021 requesting 4 months validity from Sep 2021 to Dec 2021. I had attached my H1 approval from Company B(expiring Dec 2021) as supporting evidence.

We then filed for an H1 + H4 extn later on for Jan 2022 till Dec 2024. Both H1 and H4 were approved for the requested duration.

We now recevied an RFE for the H4 filed in Aug 2021 (requesting Sep 2021 till Dec 2021) stating that - “Review does not indicate that a copy of I797 approval was submitted for Prinicipal Applicant establishing maintenance of status. Submit the most recent I797 approval for Prinicipal Applicant.”

Could the RFE be triggered only because the duration I had requested is now already in the past (Sep 2021 - Dec 2021) and they now want to check if I’m still on a valid H1?

Should I be responding with the Old H1(expiring Dec 2021) or new H1(2022-2024) or both. Should I also send the new H4?


I suggest sending the approved H1B i797 for the period they have requested.

They just want to make sure that you were maintaining H1B status.

Send these too:

  1. H1B pay slips
  2. H1B most recent i94

Thanks Anil.
The rfe says only i797 approval notice for the most recent i129 applied. No dates mentioned.
The confusion i have is the most recent I797 is for jan 2022 onwards(h4 approvals also received for this duration).
The rfe h4 requested was from sep 2021 to dec 2021, for which i had already attached old h1 I797. Should i send both i797s now or just one? Also should i be sending the new h4 approvals just in case?