Shortly before my I-94 expired, I applied for my H-4 extension. The following week, the USCIS rejected my package because there was a missing page in my form I-539. I immediately refiled the application with the missing page, and I included the rejection letter. But, by then, my I-94 already had expired. Will the USCIS honor the original filing date?

Answer

Ordinarily, if an application is filed and then rejected by the USCIS, the USCIS will not honor that as the filing date. The filing date is established only when a case is properly filed with the USCIS.

Note that a rejected filing is different from a denial. A filing that is rejected is one that does not meet the minimum requirements for the USCIS to accept it. For instance, if a petition or an application is filed using an outdated version of the form, or without the required filing fees, the package will be rejected and returned to the applicant. A denial is where the case has been receipted, reviewed by a USCIS officer, and denied for a substantive reason. (02.Jul.2024)

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