H4 Visa Expired and denied


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Hi All,

Here is my situation. My wife's visa was till 2011 April (as mine). I applied for my H1 Extension and also requested for my Wifes H4 Extension on February 2011. Attorney applied for my visa in regular processing, as i didn't get any decision from USCIS on August i escalated my request to premium processing.I got my visa on september.

I came to know that they forgot to apply for Her H4 Visa. When i asked the same they said "USCIS usually provides an exception for late H-4 renewals" and they prepared the H-4 petition on december 2011. Her Visa got denied saying "Unable to provide Justifiable reason for that delay" as Attorney didn't provided any documents or letters for delay.USCIS also gave us a chance to apply for Motion to reconsider(Notice of Appeal or Motion) in 15 days. It was clearly mentioned in the Deny notice that A motion to reopen must support by affidavits and other new documentary evidence.

Now Attorney apllied I-290B(Notice of Appeal or Motion) on February 2012.He didn't attached any documents or affidavits, He just stated "There was a miscommunication in our office and the extension petition was not filed with the H-1B extension petition".

By 2012 april she will complete her 1 year stay in US without Valid Visa Status. Now Attorney is negotiating with me to give back all fees he charged for her H4 extension and sign some papers not to file any case against him and also asking me to send her India to get her visa stamped again on my H1(I know if she goes to india thats going to be a mess again in this situation) .

Experts can you please tell me what i have to do now? Will she get her I94 with that single statement? What happens if her visa denied again? Do i need to pay for their negligence?(i have all email comunication proofs since when i requested for both of our visas to till date)

Thanks a Lot in Advance



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  • 1 year later...

Anyone facing such issue first consult a different Attorney for ninc pro tunc option; Second file a complaint against your current Attorney at the state bar ; Third find a legal malpractice lawyer and see if a law suit can be filed against the attorney. Such Attorneys need to be barred from practice

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