View Full Version : derivative applicant - I-485 RFE

07-19-2017, 07:45 AM
My wife got an RFE for I-485 here is the notice she got:

Submit proof that you maintained your non-immigrant status in the United Sates from the date of your last entry into United Sates prior to filing Form I-485 to the present. Such evidence may include copies of:

1. Employment Authorization Documents granted to you by USCIS
2. Form I-797 approval notice, showing you were granted status as a derivative of an applicant in an employment-authorized non-immigrant classification, or
3. Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. as -derivative of an applicant in an employment-authorized nonimmigrant status

Can some share with me your experiences?

She was a H1 B before filing I-485, after got the first EAD, she became a derivative applicant.

Previous H1B copy is enough to prove the status before filing I-485?

ALL EAD copies are enough or needs to submit the approval notice I-797 also?