My attorney suggested that we file our H1B petition for the 2014 quota which closed on April 5th. We did not have the LCA approved but he suggested that we go ahead and file our petition and take the RFE based on his advise we filed the petition. As a matter of fact I even pointed it out to my him that USCIS website has listed the approved LCA form to be submitted along with the H1b petition. He said USCIS website is just for general guidance and they don't give any specifics and he told me to trust him. Last week he is sent the H1b petition back to us mentioning that USCIS has denied out petition because the approved LCA was not submitted. I was very upset because my attorney should have known the rules, necessary documents and procedures of USCIS. I would like to know my options.
You might have already taken this into account, but thought I would mention it just in case: when did your attorney receive all the information he needed from you and your petitioner. Was it weeks before the filing deadline or mere days? Keep in mind that it normally takes 1 week to receive an LCA. After that, on a very best case scenario you need a couple of days more to generate all the remaining paperwork, send out for signatures and get it back. If your attorney only received everything a few days before the deadline, he might have just taken a gamble and filed without the LCA as a means of at least trying to get you in. If that is what happened, he should have obtained informed consent from the petitioner since there was the risk of outright denial. If the information was provided with sufficient time, then that is a different scenario.
I agree with Ms. Rincon ... you didn't tell us when the attorney was hired ... how much time he/she was given to prepare ... etc. I insist that people give me a minimum of 30 days in which to prepare.
Also, I am aware of attorneys having successfully tried the RFE approach .... with success ... thus for this attorney to suggest 'trying' wasn't necessarily improper ... especially if he/she wasn't given much time in which to prepare.
Lastly, you should not have paid one penny ... both the Department of Labor and USCIS are very clear on this point .. the employee may NOT pay the filing fees, nor attorney fees. The only thing you could have paid was the Premium Processing fee. If you and your prospective employer made an agreement for you to pay these fees, you could have participated in an illegal conspiricy.
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