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Lawyer messed up - now I have no H1 :(

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  • Lawyer messed up - now I have no H1 :(

    In May this year I was offered a job with a firm in New York City. The company arranged for a lawyer to sort out the H1-B visa application. He came wwith good refrences and said that it would be no problem processing the application and he said I had a good chance of getting my visa in time for October.

    However he took his time - he apparently is an independant with few staff and took a long time processing the paperwork. He finally submitted the application on August 10 - which I later discovered was the last day for applications - so I breathed a sigh of relief!

    The company who are sponsoring me called me today and said that the application could not be processed because it was recieved after the August 10 deadline. So now I am told I cannot apply for the visa this year all beacuse the lawyer took too long processing the paperwork.

    He did mention that there was a chance he could get me there with the visa by November - but I dont understand how!

    Is there anything I can do!? Advice would be greatly appreciated.

  • #2
    In May this year I was offered a job with a firm in New York City. The company arranged for a lawyer to sort out the H1-B visa application. He came wwith good refrences and said that it would be no problem processing the application and he said I had a good chance of getting my visa in time for October.

    However he took his time - he apparently is an independant with few staff and took a long time processing the paperwork. He finally submitted the application on August 10 - which I later discovered was the last day for applications - so I breathed a sigh of relief!

    The company who are sponsoring me called me today and said that the application could not be processed because it was recieved after the August 10 deadline. So now I am told I cannot apply for the visa this year all beacuse the lawyer took too long processing the paperwork.

    He did mention that there was a chance he could get me there with the visa by November - but I dont understand how!

    Is there anything I can do!? Advice would be greatly appreciated.

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    • #3
      SUE THE LAWYER FOR LEGAL MALPRACTICE.

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      • #4
        I am curious what the attorney is refering to when he he said that there was a chance he could get me there with the visa by November... If the cap has been reached you will not be able to apply for the H-1B again until April 06.

        There are other non immigrant visa types that allow for employment. For instance you may want to find out if you can qualify for an L-1 visa or (if the employer has a program in place) a J-1 visa.

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        • #5
          Thanks for your advice - I particularly like NJAttorneys response! But I really dont want to get involved with more lawyers right now - and it wouldn't get me there any quicker.

          The company is looking into alternative methods, so I guess we will just keep our fingers crossed. The November idea has now been disproved after speaking with another attorney - so I really don't know where he got that from.

          I suppose i'll just carry on taking deep breaths and try not let my frustration boil over!

          Thanks again to you both

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