Sen. Larry Craig's original deadline to resign Sept. 30 came and went Sunday with the Idaho Republican still in office.
Craig, who announced Sept. 1 that he intended to resign Sept. 30, now says he will stay in office indefinitely, pending the outcome of his efforts to withdraw a guilty plea.
On June 11, an undercover police officer at the Minneapolis airport was in the men's room when Craig allegedly tapped his feet and swiped his hand under the divider in a way authorities said was a signal for someone who wanted sex.
Craig pleaded guilty to disorderly conduct, but when the incident became public, he denied ever seeking sex there and said the officer misunderstood his actions.
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Craig is now seeking to withdraw his guilty plea to the misdemeanor.
Last week, Craig's attorneys argued in a Minnesota courtroom that the plea should be overturned.
He is awaiting a decision from a Minnesota judge, who is expected to issue a written ruling at the end of the week.
On Wednesday, Craig issued a statement saying that the court hearing was a "major step in the legal effort to clear my name. The court has not issued a ruling on my motion to withdraw my guilty plea. For now, I will continue my work in the United States Senate for Idaho."