URGENT QUESTIONS: H2B Extension Denial and Appeal

[Dr.D]

My friend's employer petitioned to extend his H2B visa at the end of September 2008. This is the second petition to extend the visa. The employer just got word at the end of February 2009 that the extension was denied. A few days later, the employer filed form I-290B and appealed the denial to USCIS. 48 other employees are also affected by this same extension denial. The denial was due to the USCIS not receving additional info it requested from the employer. In the appeal, the employer is stating and swearing they never received the request for additional info.

HERE ARE MY URGENT QUESTIONS:
1. Is he still considered in status during the appeal process? His I-94 expired during the period he was waiting for the extension. I know that the law states that during the extension period you are still considered in status, even if your I-94 expires. The law also says you must leave as soon as you can after a denial, and that you are considered out of status from the date your I-94 expired. But what about the appeal process? Is he still in status during the appeal? The longer he stays, the closer he is getting to the 6-month out of status mark, which would be the end of March.

2. How long does the appeal process take?

3. What legal action, if any, can be taken if his employer was negligent in getting the requested additional info to USCIS, thus resulting in the extension denial?

Thanks for your prompt help!

 

[osita4suca]

Dr. D. Did you ever find answers to your questions? I have the same questions but for my Finace who is currently under a WT Status and whose extension was denied. Any assistance would be highly appreciated.