My H-4 extension was denied, and the denial notice say that I need to update USCIS within 33 days. I have a pending I-485 and a valid EAD/AP, so I no longer need the H-4 extension. Do I still need to respond to the denial notice?


It is a common misunderstanding that the “33-day” period mentioned in a denial notice is a mandatory response deadline. In fact, this is the deadline to file an optional motion to reopen or to appeal a denial. It is not mandatory, does not provide any legal status, and is not always a good option. Given the pending I-485, this denial may not be problematic, depending upon the circumstances; one should consult a qualified attorney immediately for individualized advice. (13.May.2019)

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