case closed because the lawyer didn't respond 45 letter. Help!

M

mmm08

New Member
The lawyer filed the RIR for me 3 and half years ago. I asked him to inform me if the 45 days letter is receid several times more than half an year ago. And he promised me he will do that.

The 45 days letter was received by this lawyer on or before end of Nov. last year. He didn't give me even one call. He faxed the copy to my employer on Nov. . And my employer checked to continue on the letter and faxed back to him at the same day. It seems that the lawyer totally forgot the case after that.

I discovered this at end of Jan 2006. I asked the lawyer and he told me he faxed the response on Nov. 2005. But he doesn't have any evidence! From the documnet he showed to me, his earliest response was at end of Jan., 2006 which totally missed the dead line. He kept telling me during the last 3 months that he did fax the response. But then I was noticed from my employer that my case was closed on April 2006.

Is there any way can help me re-open the case? Thanks every in advance.
 
Ask your lawyer to send a request to open. It'll not work but miracles do happen.

Hopefully you haven't completed five years, if that's the case, file another labor application NOW. Get another lawyer of course. Make sure to file a complain with bar against the current lawyer.

If you've already completed five years, try to see if your employer will let you work from India for a year (hopefully on your current salary) and still pursue a GC application. Come back to US after a year on your new H1B.

Think Canada (for a few years anyway).

You probably knew all of the above... anybody got better ideas? Let's try to see what we can do to help.
 
Last edited by a moderator:
mmm08 said:
The lawyer filed the RIR for me 3 and half years ago. I asked him to inform me if the 45 days letter is receid several times more than half an year ago. And he promised me he will do that.

The 45 days letter was received by this lawyer on or before end of Nov. last year. He didn't give me even one call. He faxed the copy to my employer on Nov. . And my employer checked to continue on the letter and faxed back to him at the same day. It seems that the lawyer totally forgot the case after that.

I discovered this at end of Jan 2006. I asked the lawyer and he told me he faxed the response on Nov. 2005. But he doesn't have any evidence! From the documnet he showed to me, his earliest response was at end of Jan., 2006 which totally missed the dead line. He kept telling me during the last 3 months that he did fax the response. But then I was noticed from my employer that my case was closed on April 2006.

Is there any way can help me re-open the case? Thanks every in advance.
Click to expand...

Hi mmm08, i know this is bad. in the forum, there are lot of cases they said they got the help of the state senators office and could able to open the case. you can try that in your self and in parallel ask lawyer/employer to communicate with the BEC.
Can you pls tell the exact date of the your 45 days letter and how and which date you got to it is closed. I want to keep eye on my 45 days letter and case. Thanks ! pls reply.
 
thanks

gravitation, srsin,

thanks for the suggestion. I can't count on this lawyer any more. Got to try other ways.
 
mmm08 said:
gravitation, srsin,

thanks for the suggestion. I can't count on this lawyer any more. Got to try other ways.
Click to expand...
Can you pls tell the exact date of the your 45 days letter and how and which date you got to it is closed. I want to keep eye on my 45 days letter and case. Thanks ! pls reply. I also sent you a private msg to your mmm08, pls check. thanks !
 
srsin

pd: 10/2002
45 days letter rcvd: end of Nov. 2005
case closure: Mid of Apr.

Hope this helps for you.
 
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