QUESTION

H4 extension is ‘My Notice Was Returned To USCIS Because The Post Office Could Not Deliver It’ and denied. Will this affect out next extension?

Asked on Oct 31st, 2019 on Immigration - Virginia
More details to this question:
My daughter H4 extension status got changed to ‘My Notice Was Returned To USCIS Because The Post Office Could Not Deliver It’. I checked the status of mine(H1B) and my spouse(H4) in online regularly and we came to know our daughter status after our petition got denied. My daughter’s case Message is ‘The Post Office returned a notice we sent you for your Form I-539, Application To Extend/Change Nonimmigrant Status, because they could not deliver it. This could have a serious effect on your case. Please go to www.uscis.gov/e-request to request a copy of the notice immediately’. I e-requested the notice through the online after my case was denied, but USCIS replied that they will only consider the request 30 days from the status changed. My H1B and My spouse H4 status got changes to denied on Sep 1st, 2019, but still my daughter case is displaying the same message. we are going to apply again from India. Will this affect mine or my daughter next extension? And what I have to do next?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Since you and your spouse were both denied, the only thing that your daughter would be waiting for would be another denial. You can continue pursuing it, ie. Freedom of Information Act, if you so desire, but the denial is not that important since you already know that it will be the same as the ones given to you and your spouse. Denials of H-1B and H-4 statuses usually render the individuals illegal in the US unless they hold other status, and subject the individuals to a time bar of three years for remaining in the US illegally over 180 days from the date of denial (please note that the time bars do not apply to individuals who are under the age of 18). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Nov 29th, 2019 at 2:59 PM

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