Neil I think these questions are pretty specific, but its not a question of whether or not an appeal can be made. As an attorney, are you unable to answer these questions? I'm having a hard time myself.
There's a second question also.
If you are an attorney posting questions on AVVO, please contact me off this forum
I'll consider it, I've posted questions here in different areas of law before and many people post answers just to get the points without actually answering the question. Forgive me if I re-post again.
Ok then . TO answer your question the filing of a motion to reconsider does not TOLL the accrual of unlawful presence which will begin on the day after expiration of an I-94. 8 CFR 103.5(a)(iv)
Further a denial of extension of status can't be appeal 8 CFR 214.1(c)(5)
So if he/she leaves US it depends if they accrue unlawful presence if they can return. If they go to the border in Mexico and try to re-enter on VT, it is the discretion of the CBP officer to let hem in. Of course they must show non-immigrant intent and show they are not working in the US. Technically they can try to re-enter, whether they are let it back in.. depends on the officer/