INS March 2000 memo on 212(a)(9)(B) unlawful presence while EOS or COS pending

In this March 3, 2000 memo, INS states that an alien who has filed a timely, non-frivolous application for extension or change of nonimmigrant status (EOS or COS) is considered to be in a period of stay authorized by the attorney general until the application is adjudicated, and does not accrue "unlawful presence" under INA 212(a)(9)(B) while the application is pending. [Memo HQADN 70/21.1.24-P, 03/03/2000, M. Pearson] AMDOC# 200311008