Lawyers Mistake help me

A

ANUSAT2004

New Member
Since labor certification was taking time (filed on May 2001), company lawyer went and filed my I140 & I485 using substitute labor, but she already used the same labor for original applicant too. During the same time my 7th year extension was also filed. Due to lawyers mistake, my green card was denied (I140 & I485) and 7th extension also denied. Last month my wife quit her job and left the country (she was five weeks pregnant that time) and I am leaving the country by end of this month. What should I do now?
 
If you have a pending labor application (may 2001) you could still apply for the H1-B extension. Otherwise you have no options left.
 
As lcuser said, you should be able to go for 7th year extension with pending Labor, if its still pending.

Use premium processing as you are planning to leave in a month.

good luck,
 
Your labor is pending for more than 365 days and as lcauser said you can immediately apply for 7th year extension. It is really sad that your DUMB lawyer does not know this also.

naanshi.
 
Last edited by a moderator:
Again my company tried for 7th year H1B thru premium processing stating that my original labor is pending more than 365 days and GC(I140 & I485) deniel is because of lawyers mistake. Still INS denied my H1B 7th year extension even though I am entitled(No meaning here) for H1B extension.
 
Originally posted by ANUSAT2004
Again my company tried for 7th year H1B thru premium processing stating that my original labor is pending more than 365 days and GC(I140 & I485) deniel is because of lawyers mistake. Still INS denied my H1B 7th year extension even though I am entitled(No meaning here) for H1B extension.
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You need to talk to a good lawyer right away.

good luck.
 
Nothing can be done

I consulted different lawyer, they told me nothing can be done at this point.

Since it is lawyer's mistake. Do I have legal rights to file a legal malpractice case against the lawyer?

Documents I have:
1. INS I140 denial document stating that the labor certification already used for the original applicant. She is the lawyer (law firm) who handles all the green card cases for my company. Basically she used it twice.

2. I have document which is sent to INS by my company corporate immigration stating that I140 denial is because oversight by the lawyer and it is her mistake.
 
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