Can an appeal be filed on an H1B extension denial? Can the beneficiary remain in the U.S. while the appeal is pending?


An appeal or motion to reopen / reconsider typically can be filed within 33 days of an H1B denial being issued by the USCIS. However, this does NOT provide legal status. Unlawful presence will still be accruing, with the possible penalties, unless the appeal or motion ultimately is granted. (11.Dec.2017)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.