Previously applied I539 denial after enter US with new stamping

Hello Anil

I am writing you to check on the denial letter received from USCIS.

I have applied for an extension of stay I-539 for my son and I have received receipt number for the application.

Before the application start processing for Biometric request we left USA and stamped passport at consular office. We entered united states with new stamp on passport and new I-94 number issued for his stay.

We received a Biometric request to appear ASC-for the previous application after we reach USA. And then we called USCIS customer care office and asked to confirm whether he needs to appear biometric. They confirmed to ignore the letter and confirmed the latest I-94 is valid for his stay.

After all, I received a letter on last month showing my son’s originally applied extension petition I-539 denial letter and noted that the denial due to abandonment . I called USCIS and they verified my son’s I-94 status and confirmed he is authorized to stay in USA.

Do I need to take any action from my side on this denial letter?. Please advise.

Thank you,

You don’t need to take any action.

Thank you so much for your advise.
Appreciate your time responding to my request.


Could you please give little more details. Did you apply I-539 again? . Did you travel to India or elsewhere ?. My wife’s H4 will expire dec 2020, extension has been applied but I am thinking of traveling to get a new I-94.

Hi Pritivi

Here are the steps for my case. Please put your situations accordingly based on the informations below.

  1. Applied I-539(Receipt Number-LINXXX…01) on end of January-2020 for my son H4 status
  2. I-94 expiry date was first week of Feb-16-2020
  3. Traveled Myself and my son only to India for personnel reason before I-94 expiry date, Feb-11-2020, for other reason , not for I-94 reason.
  4. Stamped both of our visa (H1B, H4)
  5. Travelled back to USA with new VISA and new I-94
  6. Received Biometric request letter from USCIS for I-539(Receipt Number-LINXXX…01)
  7. Called USCIS and explained the situation to check what to do next since he already stamped valid visa and new I-94 based ob latest entry.
  8. One of the USCIS agent confirmed to ignore the Biometric request since we entered USA with new stamping and new I-94
  9. After 08 months of original I-539 application date I have received denial notice for the application I-539(Receipt Number-LINXXX…01) and there was a note on the last page stated that illegal stay warning if he don’t have valid I-94. And the reason mentioned in the letter for the denial as abandonment.
  10. Called USCIS again to check what to do for this letter
  11. The agent transferred my request to Tier-02 officer and gave me ref.number for the call back request with telephone number where I will receive call
  12. The Tier-02 officer called me few days after and confirmed me after collecting few information over phone my son stay is valid. And also confirmed no action required for the denial letter. This is common communication letter if the applicant not showing up for Biometric. And the officer suggested to get legal opinion if needed.
  13. I always trust Anil response , So I wrote my request to Anil to get the confirmation.
  14. Anil also confirmed no action required on my son’s original I-539 application denial letter.

To answer your questions
Did you apply I-539 again?
Did you travel to India or elsewhere ?

Thanks Anil to support the community and your responses to clarify all questions.
Appreciate your time.

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