Arman Danielyan

Please help me to clarify this. I came to US in 2000 with B-1 visa, then I have
changed my visa and received J-1 visa here, in the USA, and my new I-94 was "valid
for D/S". Before the expiration date on my IAP-66 form (August 2001), an H-1B visa
petition was filed on my behalf, which however, was denied in January of 2002. Now my
case is in the INS office of appeals. Now we have some more documents, which will
hopefully make the INS board of appeals to approve the case. However, I have been
advised my the lawyer, that it will be faster if the employer resubmits the case,
although in this case the petition can be approved, but the change of visa status
will most probably not be granted, and I will need to return to my home country to
get an H-1B stamped in my passport. I have these questions.
1. If I return to my country, will I be considered to be out of status from the date
when my IAP-66 expired (august 2001) or from the date, when my H-1B petition with
the application for change of visa status was denied (January of 2002). This is
crucial for me because if the first statement is correct, then as far as I know, I
will be barred from entry to US for at least 3 years.
2. If the second statement is right and I have not still passed the 180 days, is
there a chance that the US consulate abroad will issue me an H-1B visa, or
they might deny it simply because I overstayed my status, even if it is no
more than 180 days;
3. Can someone, who has an experience of dealing with the office of appeals, tell me
what are the chances that they will approve the case if now we have all kinds of
documentary evidence that our initial petition was right. What is the negative
point in just staying here and waiting for the results of the appeal.

Ant comments are appreciated.