L2 EAD - received RFE for i-539

USA L1, L2 Visa
#1

Hi everyone,

I am in L1A, and have valid stamping till next year. having both i797 and i-129 s as well.
My wife also went for stamping in India, and got stamping valid till next year as like me.

i applied for L2 EAD for my wife.
when applying L2 EAD, i have included the following docs:
• I-765 form
• Filing fee
• Two photographs
• Copy of passport along with US Visa (Self)
• Copy of passport along with US Visa (Spouse L1)
• Copy of I-94 record (Spouse and Self)
• Copy of Marriage certificate
• Copy of SSN
• L1 approval notices (I-797 and I- 129S) of Spouse ()
• Identification Proof (Self) Driver License

Received RFE for L2 EAD and they asked I-539 form.
Since my wife already in valid status, and her i-94 and stamping are valid till next year, why do i need to I-539 ?
For RFE, how to respond saying that I-539 is not needed in this case.

anyone faced similar situation and responded for RFE ? please advice

planning to respond for RFE… sample RFE for reference available ? pls share.

regards
Mani

#2

When did your wife entered the US after L2 stamping. Per the new policy starting Nov’21 L2 is authorized to work by virtue of holding the status. If she entered after Jan’22, her I-94 issued by the CBP should have annotation for work authorization and she may not need to file the EAD.

Draft a letter explaining your wife went for L2 visa stamping ( attach the copy of her I-94 issued by CBP & her passport with L2 visa page, even if you submittedthe same docs with the EAD application) and that her L2 I-94 is valid till next year so you haven’t filed extension of status using I-539. This should be enough to respond to the RFE.

#3

Thanks Kalpesh.

She entered in Jan 2021… yes heard that if she goes back and come to US, then there is no L2 EAD needed.

Yes, will be replying explaining the valid i94 and valid US visa stamping and mentioning that I-539 is not needed to change the status of her Non-immigrant status.

any sample reference to RFE response available ? to see for reference, Thanks for your replies. appreciate it.