H4 extension denied due to non attending biometrics

Hi Anil,
I need your help… I am in h4 visa and applied for extension on June 2019 but we got the email today stating that my extension was denied since I have not attended biometrics…
I was not aware nor the employer got any information regarding the biometrics and no idea where it got missed…

Now I am very much tensed weather I have to leave USA or can I pick a option of reopening the file?

What are the best options for me plzzzz help on this…

You can file i539 with NPT option but you do not have much time to wait for its result if i94 has already expired.

USCIS may or may not approve it.

If they approve, everything will be hunky dory. But, if they deny, you would have already spent more than 180 days in ‘Unlawful presence’.

Some people have got success. You can read here:

Hi thanks a lot for replying…But in my case we never got any information regarding the biometrics nor the employer…We did not receive the email too…It’s not our fault right??? Can attorney help in this?
We got the denial notice after a year …Lot of confusions

Hi Anil,

My employer is filing MTR stating that we have missed to get biometrics info from USCIS saying we are not faulty…I don’t understand whether they are doing it right or do I have to leave USA and get it stamped again…What if it gets rejected because I stayed in USA not legally…

If you did not get biometric appointment letter, then it was your responsibility to contact USCIS and get a new letter.

USCIS won’t accept the answer that they did not sent it. They have an automated process which sends appointment letter for all.

H4 is relatively a safe visa. As long as the MTR is pending, you can stay in US.

Hi Anil,

I completely agree it’s my responsibility but we were not aware of this process…How many days does it take for the MTR process and my i94 expired in the year 2019 August…How will they make my days legal anil?
I have applied for the new extension without knowing my denial and got the receipt too…

Hi Anil,

I completely agree it’s my responsibility but we were not aware of this process…How many days does it take for the MTR process and my i94 expired in the year 2019 August…How will they make my days legal anil?
I have applied for the new extension without knowing my denial and got the receipt too…

There is no fixed time for MTR resolution. It usually takes more than 6 months.

If USCIS agrees with your argument, they will issue a new i94 with back date to make your past stay legal.

Hi Anil,

Thanks a lot for answering and clearing my doubts so patiently…You suggestion s were really helpful in clearing all my doubts…Keep up the good work and God bless you are helping out many people who are stuck …

Appreciate your prompt response.

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Hi Sushma/ Anil.

We are in a same situation and we got the denial for the H4 extension on Jan 2021 for an extension that was filed in Sep 2019. The reason for denial is the missed Biometrics appointment. Our attorney suggests we can file MTR and also a new H4 NPT in this scenario mentioning the reason. We did not get the biometrics appointment letter. Also attorney mentions that the out of status starts from the day the denial notice has arrived which is in Jan 2021.

Inspite of multiple service requests due to the delay, they only responded that they are working on the case but never mentioned anything about missed biometrics ever since June 2020.

We have a 6 year old special need kid and we are not sure if we should go ahead with travelling or file the MTR and NPT option.

Please let me know your thoughts on this case.

Hi @Sai_Ga
Since it was denied in Jan 2021, you still have about 180 days to count on to avoid automatic 3 year entry ban.

You can file H4 with NPT and it has good chance of approval since you did not break any law. My suggestion is to go for it.