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老公3月时通过eb1a拿到绿卡，我跟着一起调整身份，5月485调整身份时被拒，原因是曾经逾期滞留33天（已扣除180天），律师5月底递交了i290b，同时开始领事馆程序递了824表，8月中824被批了。
今天i290b又被拒了，我的问题是我必须立即离境了吗？
我从5月至现在的这段时间，因为i290b被拒，是否也要算在逾期滞留时间内？
-Yes. You will have big trouble. Your unlawful presence is counted: the days of your overstay before you filed I-485 plus the days after your I-485 was denied. So, it seems your overstay has been nearly one year (180 days + 33 + 120 days or more from May to present). So, you will be subjected to 3-year bar or 10-year bar (> one year).

如果我现在去到联邦法庭开案诉讼，如果再失败，这段时间是否也被算入逾期滞留？
-Yes, and I am sure you will not win it because I don't see any reason for you to justify it. I don't suggest you to go to the court because if you lose the case there (I think 100% possibility lose), you will be deported-that will make you in big big big trouble!!!

Your lawyer is supposed to know it and should have not suggested you to file I-485 and I-290B because you 曾经逾期滞留33天（已扣除180天). It seems this lawyer just wants to get more money from you.

如果算，即使我的领事馆程序到了，我也会被罚三年不能入境？
-Correct and may be 10 years bar as I explained above. My suggestion to you is that: two choices: 1. leave US if overstay is less than one year, thus you only will be subjected to  3-year bar (this is not a good choice anyway); 2. Do nothing and just stay in US until your spouse get the US citizenship and sponsor your green card (this may be better choice for your family). You can discuss my above entire comments and suggestions with your lawyer and see what he/she will say.

我现在两条路，我的目的是尽可能多的留在美国陪着读书的2个小孩。老公一人搞不定。两条路：
1）联邦法庭开案，不论成功与否花钱买时间；
2）立即打包回国，安心等待广州领事馆程序；