If we appeal the denial of my H1B extension, can I stay in the U.S. after my I-94 expires, based on the pending appeal?

Answer

If an H1B is denied, the challenge of the decision – usually a motion to reopen / reconsider – does not keep the foreign national legally in the U.S. The MTR or appeal only helps if it is granted and the case is approved. (15.Aug.2016)

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