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I filed an application to extend my H-4 status shortly before my I-94 expired. However, the USCIS rejected the package because I forgot to include the filing fee check. The rejection noticed indicated that I am allowed to reapply. If I refile now, does that mean the new filing will be considered as having been filed on time?

13 Jul 2022
Posted at 20:53h in FAQs, For Families, For Individuals, Nonimmigrant Family by

Answer

No, if the refiling is done after one’s I-94 has expired, that application will not be considered to have been timely filed. When the USCIS rejects a package, they typically include a form notice that indicates the person may be eligible to reapply. However, this form letter does not provide any direct immigration protections. So, with a late filing, it likely would be best to consult with an attorney and determine how best to proceed. (13.Jul.2022)

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