My lawyer did not hit the send button on green card application for employee

Asked almost 3 years ago - San Francisco, CA

I have key employee on h1b. Did all processes necessary to apply for green card one year ago. Today instead of hearing good news, lawyer informs me she made a mistake and did not correctly hit the send button so application never filed. What can I do?

Attorney answers (3)

  1. James A. Bach


    Contributor Level 8


    Best Answer
    chosen by asker

    Answered . Since you mention a "send button", I am assuming that the green card process was a labor certification. If so, the recruitment you conducted has all expired, and you will need to start the entire case from the beginning.

    This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel... more
  2. Brendan Colm Delaney

    Contributor Level 10

    Answered . You should consult with an attorney who can review the entire file. They will need to see how much of the paperwork was actually processed, and the extent to which the prior work may be utilized in an ongoing, or new, application.

    The attorney will need to see what actually transpired, as well as to review the current immigration status of the employee to ascertain the most effective way to proceed.

  3. Neil Ian Fleischer


    Contributor Level 20

    Answered . You may want to consult with another attorney. Get a copy of your file. While I hate to say this, it MAY rise to the level of malpractice, but that may not be your concern

    Check with an attorney to see if there are any remedies. Depending on the remaining time of the H-1B , it may not be a problem at all... except lost time

    If you like this answer, please visit our website

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State... more

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