We filed for extension more than 45 days before expiry of I-94, but stil haven't heard back except the confirmation letter that they received our file. Can we continue our stay or do we need to leave before the i-94 expires?
This is a perfect example of why you should have used an immigration lawyer from the very beginning. Generally, you will not begin to accrue any unlawful presence while you a non-frivolous application to extend status is pending. Whether your request is non-frivolous needs to be deteremined by consulting with a lawyer. So your options at this stage are to consult an immigration lawyer (who will, unfortunately, not have the benefit of filing a strong initial application to extend status) or to simply leave the country as a precautionary measure.
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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