Question: Hello,
My I-539 for B-2 to F-1 change of status was received by USCIS on September 8, 2026.
My I-94 expires September 21, 2026.
If USCIS denies my I-539 after September 21, can I file an I-290B motion and remain in the U.S?
I just need an answer with YES or NO, then I'll file it with you (if needed).
Also, would you please advise with the total cost (including filling fees) to do it!
Thanks
Please read this first. This answer was generated by an artificial-intelligence assistant, not written by a lawyer. It is general information based only on the primary legal sources an immigration lawyer treats as reliable — the statute (the INA), the regulations, the USCIS Policy Manual, official government pages, and court decisions — not secondary sources like blogs or news. It is NOT legal advice, NOT advice from Susheelan Law Firm, and it creates no attorney-client relationship. Even when the information is accurate and up to date, it can still be wrong for your situation: immigration law is complex and genuinely contested, and different administrations and agencies change how they interpret the same laws over time. Do not make any decision or take any action based on it without speaking to a lawyer. This is a public page, not a private consultation: anything you post here is public and is NOT confidential and NOT protected by attorney-client privilege, so please do not share private, sensitive, or identifying details (such as your full name, date of birth, receipt or A-numbers, or criminal history).
Thank you for your question.
The short answer is: filing Form I-290B is not a “YES, and now you’re fine” situation the way you might hope. Whether it is even the right form depends on how USCIS frames the denial, and — more importantly — filing it does not by itself give you any lawful right to remain in the U.S. or stop the clock on immigration consequences. Let me explain both pieces separately, because they get confused a lot.
First, on the form itself: denials of a change-of-status/extension-of-stay request (which is what your I-539 is) are generally not “appealable” in the traditional sense; the regulation for these requests specifically says the denial “may not be appealed.” What is available instead is a motion to reopen or reconsider, filed on the same Form I-290B, asking the office that denied the case to look at it again. USCIS’s own guidance confirms that for change-of-status/extension-of-stay denials, a motion — not an appeal — is the avenue.
Second, and this is the part that matters most for your situation: filing that motion does not restore your status, does not give you a new “authorized stay,” and does not stop you from being treated as unlawfully present or removable while it is pending. USCIS policy is explicit that a pending application “does not confer lawful immigration status on an applicant,” and that if the underlying change-of-status request is ultimately denied, “the noncitizen is generally considered to be in unlawful immigration status as of the expiration of the noncitizen’s current nonimmigrant status” — meaning, in your case, as of September 21, 2026, if the I-539 is denied. Filing an I-290B motion afterward does not reverse that; it is simply a request to reopen the file, and your physical presence in the U.S. while it is pending is not protected the way a first-time, timely-filed COS/EOS application is.
So: you can file the I-290B if USCIS denies the I-539, but you cannot treat that filing as a safe way to “remain” without consequence — that is very fact-specific (timing of the denial, whether it says “denied” vs. gives appeal/motion instructions, what you do for work/study in the meantime, etc.), and it genuinely needs a lawyer’s eyes on the actual denial notice, not a general answer in a public comment.
On cost: the current USCIS filing fee for Form I-290B is a flat government fee, separate from any attorney fee.
Here is what the law itself says:
• 8 C.F.R. § 214.1(c)(7): “Where an applicant or petitioner demonstrates eligibility for a requested extension or amendment of stay, USCIS may grant the extension or amendment in its discretion. The denial of an extension or amendment of stay request may not be appealed.” — https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.1
• USCIS, When to Use Form I-290B: for an I-129 extension/change of status denial where the underlying petition is approved, “If USCIS denies a request to extend a stay or to change status but approves the underlying petition for non-immigrant classification, you may file a motion but not an appeal.” — https://www.uscis.gov/i-290b/eligibility
A pending application to extend or change status (Form I-129 or Form I-539), a pending adjustment application, or a pending petition does not confer lawful immigration status on an applicant. — USCIS Policy Manual, Volume 7, Part B, Chapter 3, https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3
When an alien files an application for extension of stay, on time, but the application is denied, the alien becomes out of status after the date of denial. (This reflects the same principle stated in the USCIS Policy Manual chapter cited above.)
• 8 C.F.R. § 106.2(a)(16): “Notice of Appeal or Motion, Form I-290B. For appealing a decision under the immigration laws in any type of proceeding over which the Board of Immigration Appeals does not have appellate jurisdiction, and for filing a motion to reopen or reconsider a USCIS decision: $800.” — https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-106
This information (the $800 I-290B fee) is current as of September 15, 2026 and can change; always confirm current fees at https://www.uscis.gov/forms/all-forms and current processing times at https://egov.uscis.gov/processing-times/.
Don’t make any decisions based on the information you’ve seen here without speaking to a lawyer.
Next step — talk to a lawyer at our firm. For your situation, the best fit is “30 min consultation – on RFE, NOID, NOIR, DENIAL, MTR, APPEAL, 221 (g)”. Book a consultation here: https://app.glade.ai/compleximmigration/consultations