After my H1B extension was denied, my employer filed a form I-290B motion to reopen. Am I allowed to stay in the U.S. while the I-290B is pending?

Answer

A pending motion to reopen, motion to reconsider, or appeal does not normally provide the foreign national with any status protection benefits. If the underlying case is reopened and approved, the gap in status may be cured. If, however, the original decision is upheld, the date on which the foreign national fell out of status would remain unchanged. (07.Dec.2022)

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