My H1B extension was recently denied. On the denial notice, it says that we have 30 days to file an appeal or motion. Does this mean I am allowed to stay in the U.S. for 30 days while we decide what to do? If we do appeal, can I stay in the U.S. while the appeal is pending?

Answer

Following the denial of an H1B extension, the employer typically has 30 days (or 33 days if by mail) from the date of the decision to file a motion or appeal. However, this does not provide any type of grace period for the beneficiary. Once the extension is denied, assuming the H1B worker’s I-94 has expired, that person generally would fall out of status and begin to accrue unlawful presence. Filing an appeal / motion normally does not provide any status, or extend one’s legal stay in the U.S. (13.Feb.2020)

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