Can a person stay beyond the I 94 exit date if the person biometrics has been done under I 539?

The immigration laws allow an applicant who has filed an I-539 to remain in the US past the expiration date of the I-94 as long as the application is pending with U.S.C.I.S. If the petition is approved, all of the time spent in adjudicating the application is legal. If disapproved, the applicant is out of/status as of the date of I-94 expiration – however, days of unlawful presence for purposes of the 3 and 10 year bars only begin to be counted as of the date of denial – that would be day1. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.