Please Help - MTR

[shivaaaa]

Hello . I am not sure what to do. I applied for H1B transfer OCT 2003 and after a RFE it got denied September 28th 2004 stating that I was over qualified for the job (I guess my lawyer screwed up on the job description). My lawyer Immediately applied for MTR. INS said the MTR takes 30 to 180 days to process. Well 180 days ends April 29th 2005.
My lawyer never told me that if my MTR gets denied or abandoned then I become Out status from sept 2004. Because it is more than 6months I will get a 3 year ban.

Due to personal reasons I want to leave US anyways(planning to resign ) .

My question is
1. how often are MTR successful
2. If i get denied or leave the country is there any way i can appeal the 3 year ban
3. What is my best course of action? Should I wait for an answer from USCIS .

Any Help will be appreciated.

 

[WaitingonLC]

Hello . I am not sure what to do. I applied for H1B transfer OCT 2003 and after a RFE it got denied September 28th 2004 stating that I was over qualified for the job (I guess my lawyer screwed up on the job description). My lawyer Immediately applied for MTR. INS said the MTR takes 30 to 180 days to process. Well 180 days ends April 29th 2005.
My lawyer never told me that if my MTR gets denied or abandoned then I become Out status from sept 2004. Because it is more than 6months I will get a 3 year ban.

Due to personal reasons I want to leave US anyways(planning to resign ) .

My question is
1. how often are MTR successful
IT DEPENDS ON THE LAWYER HOW WELL HE WILL ARGUE AND CONVENCE THE INS THAT HE IS APT FOR THAT POSITION...
2. If i get denied or leave the country is there any way i can appeal the 3 year ban
I DO NOT KNOW BUT I NEVER HEARD ABT THAT
3. What is my best course of action? Should I wait for an answer from USCIS .
IF I WERE U I WOULD UNTIL THE DECISION IS DONE AND ALSO IF YOU WANT TO STAY I WOULD GIVE A TRY TO FILE THE H1B FROM THE OTHER EMPLOYER..

Any Help will be appreciated.