You can stay as long as Appeal

本帖于 2006-08-30 07:13:40 时间, 由版主 知名度比较高 编辑
回答: 请教:绿卡被拒,有多少滞留时间x20062006-08-28 18:39:03

the denial of AOS is still pending.

I-485 when denied, USCIS generally provides you 18 days to appeal the decision to BIA (Board of Immigration appeals),Fee $110. Sometimes 30-33 days to USCIS (MOR) motion to reconsider/reopen, Fee $385.
as long as the appeal is still pending, you could still apply EAD, continue to work.
Appeal takes 3months or sometime 1 year to process. you are safe in 1 years if it's long. If denied, can file MOR to BIA again if new evidence is found. If denied, file to Federal Court.

If your original visa or H1 or any other status has not expired. you can still live on that status. If not, only way is to appeal. or get another petition and file again.

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