ANUSATHIYA
New Member
I (Sathiya murthi) came to United States on Jun 1997 on H1B skilled professional work permit visa and my wife joined me on Dec 2000. We maintained the legal immigration/residency status all the time. During our stay in US, we
worked for reputed consulting company in US.
> Case Overview:
Since the labor certification for green card was taking long time.
The immigration law firm used the substitute labor certification for filing my employment based green card (I140 & I1485). But the same labor certification was used for different applicant by the same law firm. Since the substitute labor certification was already used, INS denied my (mine and my wife)
green card and work permit.
Damage due to oversight:
If the law firm wouldn't have filed my I140 & I1485 using wrong labor certification or not filed the labor substitute at all. I would have got my work permit extended and in the near future got my green card approval as
well. Now I lost my green card process and work permit.
After the denial, based on lawyer's advice, my wife quit her job and left the country (USA) while she was pregnant only for 6 weeks.
I took volunteer termination from my company and disposed my
belongings and left
the country by end of Dec 2003 after six and half years of stay.
Our first is baby due in July 2004, but she is not going to get her
American citizenship.
Total Financial loss:
> 1. Disposal of my family belongings upon leaving the country - $
40,000
> 2. My salary before leaving the country - $77,000
> 3. My wife's salary before leaving the country - $60000
> Future earnings another 20 years:
> My salary loss – $1540000
> My wife's salary loss- $ 1200000
> Total Salary Loss – $ 2740000
> My Total financial loss -$ 2780000
> Proof for lawyer's negligence:
1. INS Form G-28 - Notice of Entry of Appearance as Attorney or Representative.
2. INS denial document stating that the substitute labor used
was already used for another applicant by the law firm.
3. The copy of the letter sent from my company's corporate
immigration to INS stating that how lawyer's negligence causing the trouble to my family and requesting for an extension.
Full Case Detail:
I came to US on H1B work permit visa. H1B visa is valid for six years and it can be extended every one year if the labor certification is pending more than one year with labor department or if I140 is filed.
My labor certification for green card was filed on Oct 2001 by my
company hired law firm. Since the labor certification for green card was taking long time (filed on May 2001), the law firm lawyer went and filed my I140 &
I485 for green card using substitute labor on October 2002.
Since the substitute labor was already used, INS denied my (mine and my wife) green card (I140 & I485) and 7th year H1B extension. Once INS denied my I140 & I485, the law firm realized that they already used that labor
certification for another applicant. This is purely an oversight by the law firm on my case. Again my company's corporate immigration went and re-applied for 7th
year extension stating that I have the original labor certification
pendng more than 365 days (which makes me eligible for H1B 7th year extension) and I140 &I485 denial is due to lawyer's mistake or negligence. But again INS denied
my 7th extension stating that H1B is already denied and it can't issue the extension. Based on lawyer's advice after the denial, my wife quit her job and left the country (USA) while she was pregnant only for 6 weeks.
I took volunteer termination from my company and disposed my
belongings and left
the country by end of Dec 2003 after six and half years of stay.
Our first is baby due in July 2004, but she is not going to get
American
citizenship.
Small mistake by my lawyer changed my life upside down and there are no words to describe our feelings and trauma. But I can describe the total financial loss.
> a. Disposal of my family belongings - $ 40,000
> b. My salary before leaving the country - $77,000
> c. My wife's salary before leaving the country - $60000
> For another 20 years:
> My salary loss – $1540000
> My wife's salary loss- $ 1200000
> Total Salary Loss – $ 2740000
> My Total financial loss -$ 2780000
As you can see that it is purely a negligence of the law firm caused my family so much trouble and financial loss. I kindly request you to review my case and let me know, how I can file legal malpractice case against the immigration law firm.
Since I am outside of the country, I am finding very difficult getting a legal malpractice lawyer. I am planning to come to US by next year. What would be the statue of limitation in my case?
worked for reputed consulting company in US.
> Case Overview:
Since the labor certification for green card was taking long time.
The immigration law firm used the substitute labor certification for filing my employment based green card (I140 & I1485). But the same labor certification was used for different applicant by the same law firm. Since the substitute labor certification was already used, INS denied my (mine and my wife)
green card and work permit.
Damage due to oversight:
If the law firm wouldn't have filed my I140 & I1485 using wrong labor certification or not filed the labor substitute at all. I would have got my work permit extended and in the near future got my green card approval as
well. Now I lost my green card process and work permit.
After the denial, based on lawyer's advice, my wife quit her job and left the country (USA) while she was pregnant only for 6 weeks.
I took volunteer termination from my company and disposed my
belongings and left
the country by end of Dec 2003 after six and half years of stay.
Our first is baby due in July 2004, but she is not going to get her
American citizenship.
Total Financial loss:
> 1. Disposal of my family belongings upon leaving the country - $
40,000
> 2. My salary before leaving the country - $77,000
> 3. My wife's salary before leaving the country - $60000
> Future earnings another 20 years:
> My salary loss – $1540000
> My wife's salary loss- $ 1200000
> Total Salary Loss – $ 2740000
> My Total financial loss -$ 2780000
> Proof for lawyer's negligence:
1. INS Form G-28 - Notice of Entry of Appearance as Attorney or Representative.
2. INS denial document stating that the substitute labor used
was already used for another applicant by the law firm.
3. The copy of the letter sent from my company's corporate
immigration to INS stating that how lawyer's negligence causing the trouble to my family and requesting for an extension.
Full Case Detail:
I came to US on H1B work permit visa. H1B visa is valid for six years and it can be extended every one year if the labor certification is pending more than one year with labor department or if I140 is filed.
My labor certification for green card was filed on Oct 2001 by my
company hired law firm. Since the labor certification for green card was taking long time (filed on May 2001), the law firm lawyer went and filed my I140 &
I485 for green card using substitute labor on October 2002.
Since the substitute labor was already used, INS denied my (mine and my wife) green card (I140 & I485) and 7th year H1B extension. Once INS denied my I140 & I485, the law firm realized that they already used that labor
certification for another applicant. This is purely an oversight by the law firm on my case. Again my company's corporate immigration went and re-applied for 7th
year extension stating that I have the original labor certification
pendng more than 365 days (which makes me eligible for H1B 7th year extension) and I140 &I485 denial is due to lawyer's mistake or negligence. But again INS denied
my 7th extension stating that H1B is already denied and it can't issue the extension. Based on lawyer's advice after the denial, my wife quit her job and left the country (USA) while she was pregnant only for 6 weeks.
I took volunteer termination from my company and disposed my
belongings and left
the country by end of Dec 2003 after six and half years of stay.
Our first is baby due in July 2004, but she is not going to get
American
citizenship.
Small mistake by my lawyer changed my life upside down and there are no words to describe our feelings and trauma. But I can describe the total financial loss.
> a. Disposal of my family belongings - $ 40,000
> b. My salary before leaving the country - $77,000
> c. My wife's salary before leaving the country - $60000
> For another 20 years:
> My salary loss – $1540000
> My wife's salary loss- $ 1200000
> Total Salary Loss – $ 2740000
> My Total financial loss -$ 2780000
As you can see that it is purely a negligence of the law firm caused my family so much trouble and financial loss. I kindly request you to review my case and let me know, how I can file legal malpractice case against the immigration law firm.
Since I am outside of the country, I am finding very difficult getting a legal malpractice lawyer. I am planning to come to US by next year. What would be the statue of limitation in my case?
