It will be eventually denied for fraud. Only an employer is allowed to file I-129. When it is done by an employee it will either be denied outright for lack of eligibility or investigated for fraud.
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It will take the time it will take. You need to remain patient. Short of your employer willing to now fork out $1,225 for premium processing service, there is nothing else you (or he) can do but wait, with, of course the notable exception of your being able to post on AVVO again. only to be given the same answer over and over again.
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.
First of all 'you' didn't file anything ... H papers are the property of the employer, not the employee.
The employer (or better yet the lawyer working for the employer) filed the papers.
What did the lawyer tell you when asked him/her?
PROFESSOR OF IMMIGRATION LAW for over 10 years -- firstname.lastname@example.org -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Your company attorney can follow up with the Department and update the company on its status.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.