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

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?

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Attorney answers 3

Best Answer

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 can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.


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.


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

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Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

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