I agree with Xiaobaitu. you can also file a motion to reopen, it takes just 1 month. while you are waiting, you can colect related information for possible resubmission. Appealing will take a long time (at least 1year) and the success rate is very low. In addition, you can not file under the same category if you appeal. It is really painful to prepare materials for a new category. it seems you have a very strong case but your attoney is very irresposibe. I run into the similar situation. I filed a MTR but my attoney failed to include the check in the package. So I re-filed under the same category