How long can someone stay in country when filing an appeal to E1/2 visa denial? 1 Answers as of July 01, 2011

We filed for E1/2 visa on Feb 17, 2011. We received a denial due to the person the visa is for leaving the country which was not the case (a mistake from their end). We have appealed the case but were initially told that he would have only 180 days from the date of petition. Now that we have appealed it will he be able to legally be here until we get an answer or does he have to leave by August 15, 2011?

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World Esquire Law Firm | Aime Katambwe
I don't really understand the question but I will say this, normally when an applicant rightfully in the US appeals a case like yours, USCIS does not ask the person to leave the country until the matter is decided. However they do not grant you any privileges either, meaning if you are here in the US in a certain status, you are allowed to stay only until that status expires and then you will be in a sort of grey area during your appeal where you can be here physically but with "no specific right to work, travel back and forth or anything else." You're just waiting in the US for your appeal to be decided. USCIS will not renew your work permit as a matter of right if you have one, etc. I hope this helps. Good luck!
Answer Applies to: California
Replied: 7/1/2011
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