Appeal Processing Times as of July 2011

If you get a denial and file an appeal with the Immigration, how long do  you think it will take?  H-1B takes 20 months; L-1 takes 23 months, EB2  green card case takes 32 months; and EB3 green card case takes 34  months. 

Due to the lengthy appeal processing time, sometimes a victory on an appeal doesn’t have any practical value for the wronged party. For this reason, it is very important to remember that once you have a  denial, you have an option other than an appeal and explore them:  1/  re-file; 2/ file a motion to reconsider; 3/ file a lawsuit at a federal court. The options should be carefully considered because once there is  a denial and your previous status expired, you may be accumulating unlawful presence.