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H4 extension rejected twice - refiling possible?

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  • H4 extension rejected twice - refiling possible?

    Dear Experts,

    I have my H4 rejected now twice. I applied on March 10th 2020 along with my kid as coapplicant but was rejected due to incorrect version of the i539 form.

    I got the rejection notice with this reason around 3rd week of April 2020, and refiled with the newer version of the i539 form along with H4 EAD (i765 form)

    Today I got the second rejection notice even for the new application. Reason was for mixed payment mode. I sent check for i539 form and CC (G-1450) form payment for i765.



    My question here are:

    1. Shall I refile my H4 again with single mode of payment? But, my H4 validity was already expired on May 7th 2020, however my current i94 is still valid till May 17th 2020 (10 days grace period)?



    2, If I can file, this time shall I file H4 through online by paying two separate application with $370 + Biometric (for each appln)?



    3, If I can do online, should create separate USCIS online account for my kid who is 8 years old?



    4, Does this situation cause any problem for me and my kid to reentry into US?



    Any timely help on this would be highly appreciated.



    Thank you!

  • #2
    The instructions are very clear on the USCIS website for online I-539 filing.
    Only SINGLE applicants can use the ONLINE form.... this means you only.
    If you want to apply as a family (co-applicants), you need to use the PAPER version.
    So, YES, you need to create an online account for your son and file his separately. I suggest you do it ASAP as this needs to be filed before the current H4 expires.


    To answer your questions:
    1. Must file online ASAP / NOW

    2. The online system is very simple to use and will guide you through the fees. Pay the entire amount per application.


    3. Paper filing is not an option as you need to make sure it went through. Online is the best option.
    Yes, you need to create a separate account for your son.

    4. NO, Not if you file ASAP and the receipt notice and eventually a new 797 with I-94.
    You can have previous rejections as proof that you did your best to file on time.



    Opinion only. Cannot be construed as legal advice.

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