Hi Guys... I would appreciate some help to a complicated situation
Past 6 year cap this past June 30, 2012
Was able to file H1b visa (pending) for Oct 2012 on June 5, 2012 based on PERM filed more than 1 year ago
I-140 denial received on July 10, 2012
Will plan to appeal denial
1. Am I in legal status now even if my H1b visa is pending and I file the appeal?
2. Can you file an MTR then an appeal if MTR is denied? or can you only choose one or the other?
3. If I appeal and the appeal is denied 2 years down the road.... Will I have accrued unlawful presence these past 2 years as my H1b extension was based on I-140 appeal?
4. Will this give me enough time to start a new PERM and I-140 with another employer as back up if appeal is denied?
Please help, I am trying to decide whether I should just go back home to reset my H1b and try again next year or should I stay and appeal and try to find a new sponsor. Any help on this would be much appreciated. Thanks!