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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Question What to Do After Denial

    I just received a letter of denial for EB-1. I have always maintained a legal status in the US on an F-1, OPT, EAD without leaving the country.
    Can I stay in the US in order to appeal?
    How much time do I have to explore other options before becoming illegal?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What to Do After Denial

    Whether or not you could stay in the country pending appeal potentially depends upon a number of factors, including whether the order denying your visa was stayed on appeal or if you have any other status to fall back on; although there's a good chance you can stay in the U.S. while the appeal is pending. Even if you can remain in the U.S. on appeal, you presumably don't presently have work authorization - that can create other issues for you. If you intend to try to stay in the U.S., I suggest consulting an immigration lawyer.

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