Dear Sir;
I am on H1B for 10 years, I-94 and current Visa expired in Oct 2009.
11th year's H1 extension was filed in Jun 2009, I received RFE for copy of PO, SoW, and client letter in Aug 2009, all docs were sent within the given time, still on 12/02/2009 I received extension denial notice. My attorney plans to APPEAL this(please note it's an APPEAL not a MTR).


I know that if I accrue more than 180 days of illegal stay, then I am de-barred for 3 years from entering USA, thus the below queries.

# 1 Will I be having a legal status till the APPEAL is pending?

# 2 What happens if the APPEAL is denied, will my stay be considered as illegal from the date of denial of H1 extension (12/02/2009) or will it be considered illegal from the date of denial of this APPEAL.


Regards.