This happened with one of my friends.
His wife was on H1 and she did not work for almost 18 months due to some serious health issues.
Then as the H1 period was going to end (date on I94), she applied for COS from H1 to H4.
Subsequently they got an RFE requesting for pay stubs & EVL (which they did not have).
The I94 date had already expired by then and they were given 90 days to answer the RFE.
Before the 90 day period was over, she left the country and applied for H4 in the consulate and got back in US.
Now if you look at time periods on successive I94s there is a gap between her prior I94 (H1) and the new one that was stamped when they entered back.
She subsequently got H4 extension with out any issues.
Would this be a problem for AOS?
Where does UCIS look for to find out gaps, is it the applicants documents or their own records of H4 & H1 approvals and extensions
His wife was on H1 and she did not work for almost 18 months due to some serious health issues.
Then as the H1 period was going to end (date on I94), she applied for COS from H1 to H4.
Subsequently they got an RFE requesting for pay stubs & EVL (which they did not have).
The I94 date had already expired by then and they were given 90 days to answer the RFE.
Before the 90 day period was over, she left the country and applied for H4 in the consulate and got back in US.
Now if you look at time periods on successive I94s there is a gap between her prior I94 (H1) and the new one that was stamped when they entered back.
She subsequently got H4 extension with out any issues.
Would this be a problem for AOS?
Where does UCIS look for to find out gaps, is it the applicants documents or their own records of H4 & H1 approvals and extensions