Comment on H4 Visa EAD 2019 News – Lawsuit Status, Trump Administration Actions by HR

I submitted Form-765 (EAD application) for extension of my H4 EAD on JAN 2019.
Received an RFE after 5 (long) months in MAY 2019, asking me to prove “your spouse is maintaining a valid H1B nonimmigrant status” (basically, requesting a copy of Form-797 approval notice for Form I-129)

My question: Is there a way to challenge this RFE and the needless delay it causes?

My argument:

1. Form-765 (EAD Application) has a section where they ask for Receipt number of H1B spouse’s most recent Form-797 for Form I-129. (so, they already know whether my spouse has as approved form I-129)

2. As supporting evidence for my Form-765 (EAD Application), I’ve submitted current copy of my Form I-797 approval notice for Form I-539. (I can’t have an approved I-539 unless there’s a corresponding approved I-129…. correct?)

3. Apart from a copy of Form-797 approval notice for Form I-140, USCIS website does not list any other document pertaining to H1B spouse, for supporting an H4-EAD application.

Given all these points, do you believe an RFE makes sense in this case? Can I do anything about it, apart from waiting?
I’d really appreciate any feedback….

Source: Redbus h1b 1