I am looking to apply for H4 EAD. When my spouse had applied for H1B renewal, I was not in town and never got a I-797 (But I do have I-797 I539 approval from previous filing). We do have our latest Visa stamped on (H1 and H4) from India.
For H4-EAD petition, one of the requirement is listed as ‘A copy of your most recent Form I-797 (I539)’. Is it okay, if I provide spouse’s latest I-797 (I129) along with my ‘I-94’ as evidence of your H-4 nonimmigrant status