H1B Renewal out of status!

K

kentwo

New Member
Greetings and salutations,

I really hope somebody can provide some advice on what will happen to me. My lawyer sent in my application back in February to renew my H1B which expired in May of this year. Did not receive any receipt nor anything from INS. Kept calling my lawyer and she said she will follow up with INS. A few months goes by and I still haven't heard anything. Finally, I called INS today and discovered they did not receive the application at all. Check with the lawyer and she said the check was never cashed. I am probably an idiot and quite naive to place my total trust in this lawyer. I thought all along that I would have 240 days from the expiration of my H1B to get the renewal. Found out from INS that only applies if they have the application in their possession. So I think I am really up the creek without a paddle. I am still working, and my lawyer is "attempting" to contact INS to see what can be done. As I am now out of status, will my renewal application be rejected and I have to leave the country? Is there any recourse I or my lawyer can do? A helpful poster in another forum suggested clause 245(k), anybody have any ideas if this will apply to my situation? Any advice in this matter will be greatly appreciated. Thank you.
 
Sorry to hear.
All the attoenys are not same.

The Basic missing operation process of your attorney is, if your attorney send the application by certified mail or Courier, they have documentary evidence of application submission/receipt bu USCIS. They failed to track this simple thing. Second, checking the bank statement to reconcile their check encashment by USCIS, if the check is not encashed within 60 days, they should have red flagged your case. Since they collected their fees, he took vacation as ususal.

It is total ignornce of your attorney and deficiency of their service, you can report to bar council ask for compensation etc.

OK, by the grace of a immigration attorney (they claims they know immigration better than any body else and charges heavily), now you are out of status almost 90 days from May 2006.

Before it becoming barring status, consult a good attorney get advise , you are now not in a comfortable status.
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kentwo said:
Greetings and salutations,

I really hope somebody can provide some advice on what will happen to me. My lawyer sent in my application back in February to renew my H1B which expired in May of this year. Did not receive any receipt nor anything from INS. Kept calling my lawyer and she said she will follow up with INS. A few months goes by and I still haven't heard anything. Finally, I called INS today and discovered they did not receive the application at all. Check with the lawyer and she said the check was never cashed. I am probably an idiot and quite naive to place my total trust in this lawyer. I thought all along that I would have 240 days from the expiration of my H1B to get the renewal. Found out from INS that only applies if they have the application in their possession. So I think I am really up the creek without a paddle. I am still working, and my lawyer is "attempting" to contact INS to see what can be done. As I am now out of status, will my renewal application be rejected and I have to leave the country? Is there any recourse I or my lawyer can do? A helpful poster in another forum suggested clause 245(k), anybody have any ideas if this will apply to my situation? Any advice in this matter will be greatly appreciated. Thank you.
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Hello Great Guru,

Thank you for your reply. I was wondering if you heard of anybody similar to my situation who was still able to successfully get their H1B renewal after being out of status so long. Or what you think the chance of my success is. I think INS is pretty intolerant of applicants being out of status. I asked this because I am not sure if I should reapply via premium processing and spend another $1000 or just save the money and move out of the country. Thank you in advance for your reply.
 
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