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Green card Perm LCA denied after audit. PD is June 29, 2012. current visa expiring on June 25, 2013. What are my options?

Washington, DC |

I am in a very difficult situation. Can someone please advise me.
My GC perm LCA got denied after Audit. My Priority Date is June 29, 2012. My current visa and I94 is expiring on June 25, 2013.
Even if my employer appeals for the LCA denial, i wouldn't be covered for 365 days of pending labor as my current visa is expiring 5 days before the completion of 365 days. Can you please advise me if I have any options of staying in USA.
I understand that my employer should consult a good immigration lawyer, but I need to know my options beforehand so that I can push my employer and have an informed discussion. Can anyone please help

Attorney Answers 3


  1. A consultation with a competent immigration attorney in person in DC. I hope you can afford it. If not, there are some legal services, which offer free or low cost legal advice. You can find them on EOIR website and see if you qualify by income guidelines.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Your EMPLOYER'S attorney aside, you should immediately seek a consultation with an attorney who will only have your interests at heart.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Options depend on facts. You really need to meet one on one with an experienced immigration attorney, whether myself or one of my colleagues, so that he/she can review all your documents and facts in order to determine what your options are.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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