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I had applied for H4 extension (I-539) for my wife before its expiry (09/01/2014) and received a RFE asking for my recent paystubs. We however missed to respond within a month, the time limit specified in the document and yesterday received a letter from USCIS stating the I-539 is denied and with expired H4/I-94 she is currently out of status. We called USCIS and they asked us to send a letter of forgiveness and they might consider it or leave the country and reapply H4. We had our first baby during the time we received the RFE letter and can provide the birth certificate if that help justifying our failure to respond within time.
I was looking over internet and found "Nunc-pro-tunc" petition which require these four conditions:
1) The reason for the delay in filing the visa petition must have been due to extraordinary circumstances beyond the control of the employer or employee; 2) The employee must not have any other visa status violations; 3) The employee must be a bona fide nonimmigrant; 4) The employee must not be in removal proceedings.
We're meeting remaining three and for the first point, not sure if giving birth during the RFE response time could be considered as an extraordinary circumstances.
I would like to know opinion from you guys. Has anyone failed to respond to RFE on time and what are the consequences? Leaving the country and refiling H4 could be risky and will be our last option. Certainly appreciate the valuable suggestions.
Wishing everyone of you a very happy and prosperous new year!
I was looking over internet and found "Nunc-pro-tunc" petition which require these four conditions:
1) The reason for the delay in filing the visa petition must have been due to extraordinary circumstances beyond the control of the employer or employee; 2) The employee must not have any other visa status violations; 3) The employee must be a bona fide nonimmigrant; 4) The employee must not be in removal proceedings.
We're meeting remaining three and for the first point, not sure if giving birth during the RFE response time could be considered as an extraordinary circumstances.
I would like to know opinion from you guys. Has anyone failed to respond to RFE on time and what are the consequences? Leaving the country and refiling H4 could be risky and will be our last option. Certainly appreciate the valuable suggestions.
Wishing everyone of you a very happy and prosperous new year!
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