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Hi all,
I'm in a very tricky situation here and would really appreciate your help!
My 6-yr H1B as well as I-94 expired on Sep 26th.
Extension application was received by USCIS on Sep 28 with premium processing.
Not that I received an RFE questioning the gap between Sep 26th and Sep 28th. I need to prove that the delay was due to extraordinary circumstances.
My situation is: my lawyer lied to me about the filing date. She told me on Sept 1st that "the extension was recently filed" and again told me on Sept 15th that "we're still waiting for the receipt". Her statement led me believe that my extension was filed before Sept 1st. I have emails to prove these statement.
I'm wondering if I can argue nunc pro tunc due to extraordinary circumstances based on:
1. Although the petition was received by USCIS on Sep 28th, it was filed through Fedex on/ before Sept 26th. Will USCIS take this into consideration if we can provide the tracking number?
2. I, as a beneficiary, have no idea about the late filing since the lawyer told me it was filed before Sept 1st.
What are my odds of getting a approval based on the above statement? Do you have any recommendations for an attorney with such experience? I'm in desperate need of a competent attorney now!
Thank you so much for any input!
I'm in a very tricky situation here and would really appreciate your help!
My 6-yr H1B as well as I-94 expired on Sep 26th.
Extension application was received by USCIS on Sep 28 with premium processing.
Not that I received an RFE questioning the gap between Sep 26th and Sep 28th. I need to prove that the delay was due to extraordinary circumstances.
My situation is: my lawyer lied to me about the filing date. She told me on Sept 1st that "the extension was recently filed" and again told me on Sept 15th that "we're still waiting for the receipt". Her statement led me believe that my extension was filed before Sept 1st. I have emails to prove these statement.
I'm wondering if I can argue nunc pro tunc due to extraordinary circumstances based on:
1. Although the petition was received by USCIS on Sep 28th, it was filed through Fedex on/ before Sept 26th. Will USCIS take this into consideration if we can provide the tracking number?
2. I, as a beneficiary, have no idea about the late filing since the lawyer told me it was filed before Sept 1st.
What are my odds of getting a approval based on the above statement? Do you have any recommendations for an attorney with such experience? I'm in desperate need of a competent attorney now!
Thank you so much for any input!
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