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Can I stay in US during H1B denial appeal process?
Anonymous3 views4 answers
I was working using cap-gap extension. I received denial notice for H1B petition from USCIS on Nov 9. It says I can stay till 01/08/2013. I am going to appeal against the decision with additional evidence. I was wondering if I can stay in US when appeal is in process even after 01/08/2013. Thanks.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No. unfortunately you cannot. Having an appeal in process does not give one the legal right to remain in the US.
Appeals to the AAU take at least a year and a half to be processed and are most often decided in the government's favor.
I, unfortunately, agree with Mr. Behar
... the employer can file an appeal (it is their property and they are the only ones that can file the papers)
... but, you can not stay in the US during that appeal period.
