USCIS portal updated AOS RFE Response as Received without me sending response to RFE

USA
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#1

My GC got approved this Oct and my Wife’s GC got RFE for proof of work-auth or unemployment for the period when her H4 EAD expired and there was gap with her renewal of H4 EAD, which happened this July (more than 180 days gap).
The H4 EAD application was filed in timely manner and my H1 renewal happened before expiry. So, the H4 is now back-dated to Nov 2020 (date of H4 expiry) but H4 EAD was not back-dated (it is from July)

On Nov 10, there was a settlement of H4 EAD by USCIS. Same day, without me sending a response for RFE, USCIS portal started showing that they received response to RFE. I’m not sure if they are connected or pure coincidence.

So, I did not send the RFE yet since USCIS already said they received response. But since it has been over a month, I’m planning to send now.
Can I refer to this policy update to consider as proof that she had authorization given that H4 is back-dated ?

We are not sure what constitutes as strong proof’s of her not being employed since she owns a S-corp. Though she did not work, I’m not sure how to prove that she did not do any work.

Any advise is appreciated.
@Kalpesh_Dalwadi
I see you active on this forum. Any insights would be highly appreciated. Thanks.

#2

@anil_am22 Any insights on this ? Thanks.

#3

The policy is effective 12th Novemeber’2021 and I am not sure if it will cover past gaps for any expired EAD with timely filed extension applications.

You should not ignore any AOS RFE and still go ahead and submit the proof of no income (for e.g. no deposits in the checking account etc) or billing done, if your spouse didn’t actually work between the EAD expiry and renewal time. Consult your immigration lawyer to draft a good response to RFE.

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