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Hello Sir/madam,
I am on H1B visa, applied for my extension on May 2019 and it got approved. Along with my extension, I applied for my kids H4 extension. But this week, I got a mail saying my kids 1-539 is denied as we missed to attend in person bio-metric appointment.
I did not receive any mail saying that kids need to attend for bio metrics. May be mail was missed somewhere or wrongly delivered to some one else. So, we missed to attend for bio metrics and now I-539 is denied. Here, I have attached the mail copy I received this week.
Can you please let me know what options I have?
1. Can I reapply for my Kids H4 extension again with my organization now?
2. My wife is also on H1B and this week she is changing her job and new company is applying for her H1B transfer. Can we add kids as dependents along with her new application?
3. What options I have now without leaving the country? How I can file a motion to reopen a petition or application denied? Do I have this option?
Reason mentioned in mail: (Scanned copy is attached for your reference)
"You were admitted to the United States as an H4 nonimrnigrant on August 8, 201 7, and were granted
an authorized period of stay until May 26, 2019.
Under Title 8, Code of Federal Regulations (CFR), section 103.2(b)(13)(ii), ifUSCIS requires an
individual to appear for biometrics capture, an interview, or other required in-person process, and that
individual does not appear, the application or petition shall be considered abandoned and denied,
unless USCIS has received a change of address or rescheduling request by the appointment time that
the agency concludes warrants excusing the failure to appear.
USCIS directed you to appear at an Application Support Center (ASC) on May 21 , 2019 for the
You failed to appear for the scheduled biometric services appointment. Additionally, there is no
evidence in the record to indicate that, prior to the appointment time, USCIS received a change of
address or rescheduling request justifying your failure to appear.
Therefore, your application is considered abandoned and USCIS denies your request.
A denial due to abandonment may not be appealed. However, there are limited motion rights. You
may file a motion to reopen a petition or application denied due to abandonment with evidence that the
decision was in error because:
"
I am on H1B visa, applied for my extension on May 2019 and it got approved. Along with my extension, I applied for my kids H4 extension. But this week, I got a mail saying my kids 1-539 is denied as we missed to attend in person bio-metric appointment.
I did not receive any mail saying that kids need to attend for bio metrics. May be mail was missed somewhere or wrongly delivered to some one else. So, we missed to attend for bio metrics and now I-539 is denied. Here, I have attached the mail copy I received this week.
Can you please let me know what options I have?
1. Can I reapply for my Kids H4 extension again with my organization now?
2. My wife is also on H1B and this week she is changing her job and new company is applying for her H1B transfer. Can we add kids as dependents along with her new application?
3. What options I have now without leaving the country? How I can file a motion to reopen a petition or application denied? Do I have this option?
Reason mentioned in mail: (Scanned copy is attached for your reference)
"You were admitted to the United States as an H4 nonimrnigrant on August 8, 201 7, and were granted
an authorized period of stay until May 26, 2019.
Under Title 8, Code of Federal Regulations (CFR), section 103.2(b)(13)(ii), ifUSCIS requires an
individual to appear for biometrics capture, an interview, or other required in-person process, and that
individual does not appear, the application or petition shall be considered abandoned and denied,
unless USCIS has received a change of address or rescheduling request by the appointment time that
the agency concludes warrants excusing the failure to appear.
USCIS directed you to appear at an Application Support Center (ASC) on May 21 , 2019 for the
You failed to appear for the scheduled biometric services appointment. Additionally, there is no
evidence in the record to indicate that, prior to the appointment time, USCIS received a change of
address or rescheduling request justifying your failure to appear.
Therefore, your application is considered abandoned and USCIS denies your request.
A denial due to abandonment may not be appealed. However, there are limited motion rights. You
may file a motion to reopen a petition or application denied due to abandonment with evidence that the
decision was in error because:
"
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