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H1B revoked by my own lawyer!?

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  • H1B revoked by my own lawyer!?

    Hello,
    Any help/info is much appreciated! I was laid off end of Dec 07, my current status WAS on H1B with previous company and labor cert filed in 9/28/04, I-140 was approved on 7/25/07 and I-485 was filed on 6/22/07.
    I also have an approved EAD card valid from 2/5/07 to 2/5/08.
    I did my fingerprinting/biometrics and passed my 180 days into labor cert when I was laid off and my old company was nice enough to agree not to contact INS/tell them to revoke my H1B with them which was valid till Sept 2008.
    BIG Problem - I just received a CC letter from my lawyer to USCIS that she is asking USCIS to revoke my H1B visa and that I'm no longer with my old company!!! Isn't she supposed to serve MY best interest?
    Questions:
    1. Where would that leave my green card application? My lawyer told me green card numbers for my case would be available end of March (this was before she sent the letter). Will it continue processing? What are my options?
    2. Can my green card app stay valid with my EAD?
    3. Did my lawyer mishandle my case? Can I sue her for malpractice/misconduct or whatever the legal term is??? I've paid her over $10000 in legal fees so far! Thanks for any help!

  • #2
    zz
    Originally posted by frustrated
    Hello,
    Any help/info is much appreciated! I was laid off end of Dec 07, my current status WAS on H1B with previous company and labor cert filed in 9/28/04, I-140 was approved on 7/25/07 and I-485 was filed on 6/22/07.
    I also have an approved EAD card valid from 2/5/07 to 2/5/08.
    I did my fingerprinting/biometrics and passed my 180 days into labor cert when I was laid off and my old company was nice enough to agree not to contact INS/tell them to revoke my H1B with them which was valid till Sept 2008.
    BIG Problem - I just received a CC letter from my lawyer to USCIS that she is asking USCIS to revoke my H1B visa and that I'm no longer with my old company!!! Isn't she supposed to serve MY best interest?
    Questions:
    1. Where would that leave my green card application? My lawyer told me green card numbers for my case would be available end of March (this was before she sent the letter). Will it continue processing? What are my options?
    2. Can my green card app stay valid with my EAD? YES3. Did my lawyer mishandle my case? You can not say that because h1 belongs to your sponser, the deal between attorney and your employer you do not know (employer talk some time nicesly at the back???), she is loyal to her client/your employer not to you. Can I sue her for malpractice/misconduct or whatever the legal term is??? I've paid her over $10000 in legal fees so far! She has so much love on you. Thanks for any help!
    You are safe with your EAD, keep renewing it and do not leave US without an advanced parole. Yo can work at any company.

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