H1-B denied. Is appealing an option?

[nsovani]

I have a rather complicated visa dilemma and would truly appreciate any guidance/advice you can provide.

I was working as a market research analyst for a small fine jewelry company in Chicago. My company had filed for an H1-B petition last year and the application was submitted on September 9th, 2011. On December 9th, we received a request to send in more documents. The RFE documents were submitted in March and on March 23rd, 2012 my H1-B petition was denied.

I'm currently out of status and was informed by my attorney that I have a 60 day grace period from the date of denial to depart the U.S. (My OPT ended on Sept. 29th and my F1 Visa expired on Dec.16th 2011).

On speaking with a couple of immigration attorneys, I was told that appealing the denial is going to be an uphill battle and the chances of getting it approved are slim. I am still interested in appealing since it will buy me some time to look for another employer and file a new petition.

My biggest worry is staying here beyond 60 days though. My attorney said I can stay in the country as long as my appeal is still pending. Would appealing the petition allow me to stay in the country beyond 60 days without jeopardizing my chances of re-entering the U.S. in the near future?

Please advice!

[livliv]

You should get a better attorney. The one you mention is your employer's attorney and they are not required to protect your interests.

First of all there is no such 60 day limit. You in fact go out of status retro-actively.

Filing motion to reopen or appeal does not give you any legal immigration status. There is no duration of permitted stay.

Consult with an experienced attorney like one from Murthy's firm on your own.

p.s. I have no affiliation with Murthy or any other lawyer. Just stating my opinion.