My H1B extension got denied on Apr 20, 2010. I got the letter today and the reason for denial is that the LCA was not submitted with the original application. My employer had already submitted a LCA (but the dates mentioned in the LCA did not match with my I94) and a RFE was generated for which my employer sent a new LCA. Now can I consider it as USCIS mistake and go for appeal? If so how long it would take for USCIS to give the decision and what is the chance of getting the decision in my favor? Or as safer bet can I ask my employer to file a new H1B application ( I was in H1B for just one year)? In which case I have to go to India for Visa stamping. Would there be any issues in getting the visa? My I94 expired on Feb 28, 2010 and i have already accrued 60 days of illegal stay. I planning to leave US in 10 days. Will that be enough to get a new Visa stamp?
Any help would be appreciated..