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I don't even know where to start but below is the issue
My current employer had a law firm that was handling my I140/GC case. They were way too slow (took almost 2 yrs just to reach I140 filling stage). Since they were slow, my current employer moved my case to another law firm
Here is the problem. My I140 was filed by new firm in premium processing (I only have 4 months left on my current H1-B 6 yr period). hey received an RFE on my case. It seems my old employer screwed my cased in two ways
1) They provided an incorrect job/profile description when filing my labor in very beginning
2) They also applied my case in EB2 but provided only bachelor degree
Even if my current attorney do provide Master degree, the original description itself is wrong/incorrect.
The attorney is telling me that they need to file this I140 altogether but I don't have time (current H1-B expires in Apr 2016)
What are my options here? Attorney is not sure himself on what to do. He is saying we don't have any options
Few questions
1) Can I get any extension from USCIS on this RFE (RFE does state that the period to get the clarification cannot be extended)?
2) Is there a way we can tell USCIS about the mess up that my previous attorney did? Will this do any good
3) Can I sue my previous attorney? I am really furious at this attorney for taking this long and doing nothing but screw up my case (career here)
3) My husband has approved I140. As a last option, I might move under him on H4 and then file EAD. This is the only option I can think so
4) Anything else you can recommend/suggest?
My current employer had a law firm that was handling my I140/GC case. They were way too slow (took almost 2 yrs just to reach I140 filling stage). Since they were slow, my current employer moved my case to another law firm
Here is the problem. My I140 was filed by new firm in premium processing (I only have 4 months left on my current H1-B 6 yr period). hey received an RFE on my case. It seems my old employer screwed my cased in two ways
1) They provided an incorrect job/profile description when filing my labor in very beginning
2) They also applied my case in EB2 but provided only bachelor degree
Even if my current attorney do provide Master degree, the original description itself is wrong/incorrect.
The attorney is telling me that they need to file this I140 altogether but I don't have time (current H1-B expires in Apr 2016)
What are my options here? Attorney is not sure himself on what to do. He is saying we don't have any options
Few questions
1) Can I get any extension from USCIS on this RFE (RFE does state that the period to get the clarification cannot be extended)?
2) Is there a way we can tell USCIS about the mess up that my previous attorney did? Will this do any good
3) Can I sue my previous attorney? I am really furious at this attorney for taking this long and doing nothing but screw up my case (career here)
3) My husband has approved I140. As a last option, I might move under him on H4 and then file EAD. This is the only option I can think so
4) Anything else you can recommend/suggest?
