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How Long Does an I-290B Appeal or Motion Take? Depending on your situation, it could take three to six months or longer to get a response to your appeal or motion.
If your nonimmigrant status expires while your extension is pending and you are extending an E-1, E-2, E-3, H-1B, H-1B1, H-2A, H-2B, H-3, L-1, O-1, P-1, R-1, or TN visa, you will still be allowed to remain in the United States and to continue your employment for up to 240 days.
Most motions are filed on Form I-290B, Notice of Appeal or Motion with the appropriate fee. If your motion needs to be filed on a different form, your denial or revocation notice will include the appropriate form information. A written letter submitted to USCIS is not considered a motion.
The government will not remove you from the U.S. while you wait for a decision on your appeal. However, if you waive (give up) your right to appeal, the Judges decision becomes final and you could be removed from the U.S. immediately.
Appeal: Provide a statement that specifically identifies an erroneous conclusion of law or statement of fact in the decision you are appealing. You MUST provide this information with the Form I-290B, even if you intend to file a brief later.
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In this case, when your I-290B is approved, your work permit and travel permit will be reinstated and become effective again. Speaking to an immigration attorney can be helpful if you have questions about what your immigration status is, and what steps to take when filing and receiving notice in regards to your 1-290B.
Filing a 290B motion to appeal/reconsider the case give the filer zero right to stay in the US unless the appeal/reconsideration has been approved. If you are in the US, you will be accruing unlawful time in the US from the date of the I-485 denial.

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