Compensation for lost Pay (EAD Renewal)

A

achawla

Registered Users (C)
Guys,

Need your help in making this big decision.

Both of us (husband and wife) were on unpaid leave of absence for last 2 and half months because of my lawyer's mistake in renewing EAD. Lawyer's assistant never asked for new photos and told me on phone that she had our old photos and there is no need for the new ones. I was not aware of 30 days rule for brand new photos.

Unluckly, we got RFE's when we went to the local office and after that we had to lose 2 1/2 months salary just because of my lawer's stupidity. RFE - photos submitted are same as last year.

Do you think I should go ahead and ask for compensation for lost pay period?
 
achawla said:
Guys,

Need your help in making this big decision.

Both of us (husband and wife) were on unpaid leave of absence for last 2 and half months because of my lawyer's mistake in renewing EAD. Lawyer's assistant never asked for new photos and told me on phone that she had our old photos and there is no need for the new ones. I was not aware of 30 days rule for brand new photos.

Unluckly, we got RFE's when we went to the local office and after that we had to lose 2 1/2 months salary just because of my lawer's stupidity. RFE - photos submitted are same as last year.

Do you think I should go ahead and ask for compensation for lost pay period?
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Compensation from a Lawyer!!! Good Luck, but would be sweet if u r reimbursed. If u r going to do it, start big, include not only lost pay, but also pain and suffering as u had to go through the anxiety and the effect that had on ur marital/family relationship, so on and so forth.
 
Thanks

Thanks OmGV. I will defn. try and will tell u how sweet it was.

Others, please give yr views.
 
pain point ?

I don't quite feel its good to mess with the lawyer, lots of times they will remember that and delay things, not advise you

My company's lawyer delayed my 140 application by two months saying "I am busy" , I had to make a mountain out of a molehill to get my 140 filed - Since it was a company lawyer i couldn't change either :(

If you are still peeved and want to , maybe you should change your lawyer before doing demanding compensation ?

just my 2c
 
After I get my GC

What @ blowing his pants off after I have GC in my hand. Expected any time now by GOD's grace.

Will there be any issue after that?
 
achawla said:
What @ blowing his pants off after I have GC in my hand. Expected any time now by GOD's grace.

Will there be any issue after that?
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Nope. Your lawyer was bound to give best professional advice and he showed unprofessionalism by not apprising you of stated rules that resulted in material losses and mental aggravation. He should be screwed, so that he cannot screw anyone else in the future. Talk to a good malpractice lawyer and he can nail your immigration lawyer.
 
You have a case

You can hold lawyer responsible, if you have the evidence that lawyer's office told you that you could use the same photo. In fact, they will be still liable if they never told you that you should use recent photos or did not asked you how old the photo was.
 
achawla,
First go thru the contract between you and your lawyer (if you have one). I am sure that it must have stated something like this..
" ...Our firm will provide you with immigration support and advice to the best of our knowledge.... and they will not be liable for any monetary damages that you may incur during the process... including the outcome of the whole green card approval.."

I do not think you will get anything from them other than a strained relationship.

My 2 cents.
 
whiteone said:
achawla,
First go thru the contract between you and your lawyer (if you have one). I am sure that it must have stated something like this..
" ...Our firm will provide you with immigration support and advice to the best of our knowledge.... and they will not be liable for any monetary damages that you may incur during the process... including the outcome of the whole green card approval.."

I do not think you will get anything from them other than a strained relationship.

My 2 cents.
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They will not take responsibility for INS action or the outcome.
But they are definately responsible for their irresponsible acts. This can even be reported to Bar Assn becasue it is a violation of professional standard and ethics also.
 
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