H1B extension mistake

[sentviaemail]

First off let me say how informative your site is. Unfortunately I could not find an answer to my situation so here it is. You may or may not have heard this before but here goes.

I have been on an H! for several years now with yearly extensions. This I have been able to do as I apllied for my labor certification in August of 2002. That is in the backlog center still but thats another story.
Anyway my employer forgot to file for my extension and when I realised it we put it through rush processing with my immigration attorney. I was denied the extension as it had been filed more than 90 past the end date of the previous H1B but the H1 petition was approved. I know I am out of status. There were mitigating circumstances as to why my employer did not file for the extension. Is there such a thing as an appeal against this or is there any other course of action you can suggest.
My attorney says my labor cert will be approved soon as he checked the current processing dates and can maybe do something then.
My wifes H4 is obviously also out of status. We have a daughter in school here and have bought a lovely home etc. We really need to find out how we can stay here.

I would really appeciate any advice you can give me.

Sincerely yours,

[answeredviaemail]

Your case is complicated. Work with your immigration attorney.

Immihelp Support
No legal advice. Use at your own risk.

[infoway]

You may appeal the H1B case based on facts for non-filing (human error), you must explain your situation and show that you haave maintained status all these years. You may be granted H1B system under the compassionate immigration system.


Alternatively, wait for the 2002 labor certifcation (you may be eligible to file I-485) . Under 245(k) of INA, you will be allowed upto 180 days - Out of status.

The other option is to get an H1B without an I-94 and go the nearest consulate. You should be in a position to explain.

Not a legal advise.