H4 Query on Late Filing


sarapindia

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Guys,

 

I need some urgent suggestion regarding how to respond to USCIS.

Below are my dates to brief you my situation:

 

Orignally on H4

H1 Applied on Apr 1, 2013

H4 Expired: 10/23/2013

H4 Extension Application Received Dt: Oct 31, 2013

H4 Extension Application Notice Dt: Nov 4, 2013

H1 Denial Dt: Nov 4, 2013.

 

 

Now I have received a query from USCIS for my H4 extension. Please shed some light;

 

a). Does USCIS do not know that I have a valid application in process until Nov 4, in that case can I send them my H1 Denial to show them that I was not out of status

b). Or USCIS knows about the H1 application and looking for some thing else.

 

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USCIS is in receipt of the Application (Form I-539) that was filed on November 1, 2013, requesting an extension of stay for XXXX. Your application lacks documentation regarding eligibility requirements to establish that you qualify for the benefit you are requesting. In order to process your application, additional evidence is needed.

 

Late Filing:

 

An extension of stay may not be approved for an applicant who failed to maintain the previously accorded status or where such status expired before the application or petition was filed, except that failure to file before the period of previously authorized status expired may be excused where it is demonstrated at the time of filing that :

(i)              The delay was due to extraordinary circumstances beyond the control of the applicant or petitioner, and USCIS finds he delay commensurate with the circumstances;

(ii)             The alien has not otherwise violated his or her nonimmigrant status;

(iii)            The alien remains a bona fide nonimmigrant; and

(iv)            The alien is not the subject of deportation proceedings under section 242 o the Act (prior to April 1, 1997) or removal proceedings under section 240 of the Act.

 

You filed this application o November 1, 2013; however, your authorized stay expired on 31, 2013. Please submit explaining the delay in filing this application.

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