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Even though you have promptly filed in your extension application before the expiry of I-94, the Department of Homeland Security (DHS) may file in a removal proceeding against you. Until the time the USCIS decides upon the extension application, the DHS can defer the proceedings. Even though the person is not in a legal non-immigrant status, he/she does not accrue unlawful presence in the country.

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Q: What is your status if your filed R-1 extension application is pending approval from the USCIS and while waiting your I-94 reached the expiration date?
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