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Sunny0399

I290B Appeal pending for H1B and OPT Ending. Can I stay until my decision is known or should I exit USA ?

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Hi,

I am currently on my F1 Visa in the last month of my STEM OPT. Last year my H1B was filed and I got a denial due to specialty occupation after an RFE. My company filed for an AAO Appeal and it is been almost 8 months and no response. Meanwhile this year's H1B lottery did not get picked in the first attempt but the portal says Submitted and not rejected, Can I stay in the US until my result for the Appeal is known or should I exit US ?

Date                    USCIS Status

April 11 2019     I129 received

July 3                   RFE

Oct 10                 I129 Denied

Nov 8                 Received I290B Notice of Appeal or Motion

Nov 20               Sent your I290B to AAO for review

 

April 1,2020 - H1B electronic Registration Process portal says Submitted and remains submitted Until now

July 15,2020 - STEM OPT EAD Expires

 

Am i legally allowed to stay if my decision is not known until July 15 ?

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You should be able to stay while the case is pending. But you should get it confirmed by an attorney who filed your H1.

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