My H1B visa extension was denied.
- Can i file for appeal to reconsider their decision?
- If yes, can I stay and work in the US while this appeal decision is pending?
My H1B visa extension was denied.
Yes, you can file an appeal to reconsider H1B denial within 33 days of your H1B denial.
You cannot stay back in US and work while this appeal result is pending.
You will start adding your ‘Unlawful presence’ from the date your extension was denied by USCIS.
If you choose to stay back while appeal is pending and finally USCIS does approve your application, your time period between denial and appeal approval will not be considered ‘Unlawful presence’ though.
But, this is tricky, because if appeal is denied too, your will have accrued ‘Unlawful presence’ and it has other ramifications.