How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Guillermo J. Senmartin, Esq. Your Own...

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95001
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

Applied for H1b extension based on Approved I-140 Petition,

Customer Question

Applied for H1b extension based on Approved I-140 Petition, Got extension today just for One year, Not sure if the USCIS file officer can do this or its an error by ignorance.

I got an RFE and replied back to that RFE, Got the approval but just one year. so I spent so much of money( USCIS $2300, attorney fees, Premium processing fee) and just getting it for one year is digestible to me.

questions : 1) Can they do without being questioned about 2) Is this an error by ignorance 3) Can I ask them to reconsider the extension period by filing something, If so what is the procedure in doing so and how much will you charge.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


You paid attorney fees. Have you contacted your attorney about this? What do they say? It could have been the attorney's mistake in filling out the paperwork as well.
Customer: replied 1 year ago.

I paid a one time fee, before I need to talk to him n get this cleared out, I would like to know my options. I am doing my homework to respond to his answers.


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. If the attorney determines that it was the fault of USCIS, they can file an I-290B and have the decision reconsidered and explain that the extension date is incorrect. If it turns out that it was the attorney's fault (you may need to ask them to give you copies of the LCA and I-129 that they filed), then they should file a new extension for free and pay the fees for you when the time comes. I do believe it is a mistake, but an extension could be given for less than 3 years. Often it has to do with what is listed in the I-129 and/or LCA. So maybe a mistake was made there. Either way, the maximum you could have gotten was 3 years, but it is possible to get less. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Customer: replied 1 year ago.

Your statements are contradicting,


Statement1: If the attorney determines that it was the fault of USCIS, they can file an I-290B


Statement 2: Either way, the maximum you could have gotten was 3 years, but it is possible to get less.


 


Asume that attorney did not make a mistake I-129/LCA and you are saying it is possible to get less time duration so where does the fault of USCIS fall in..

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I apologize for the confusion. It is possible to get less than 3 years, but until you see copies of what the attorney did and the attorney reviews the file, it is hard to tell what happened. If USCIS did not make a mistake and they wanted to give you less than 3 years, then you will have to apply for another extension when the time comes. It isn't common that they give less than three years, but they can. It could be an internal policy change, for example. But until your attorney reviews your file, it is difficult to tell what happened. But like I said, if an error was made, an I-290B could be filed. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95001
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

 


In my initial request, I asked- Can I request USCIS to reconsider their extension period decision (assuming no mistake done by attorney/USCIS) and if so, how


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
And I responded. The I-290B can be filed as a motion to reconsider. It's still going to cost you some money, I'm afraid.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Sorry that you rated my service as poor. Please let me know if there is anything else that I can answer for you to help you be more satisfied with my service. Thank you.
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
I am a different expert.
I have a different answer.
The Neufeld Memorandum instructs adjudicators to extend the I-129 for 3 years if there is an approved I-140 and the LCA is approved for 3 years. It is not discretionary. It is direct policy instruction.
There are a few ways to have the approval period corrected by USCIS.
The lawyer can contact a 2nd tier supervisor through the 800 Customer Service # and bring the error to the attention of the Service and ask for a correction. He will get a case number. If they do not make the correction within 30 days the lawyer can use the AILA (American Immigration Lawyer's Association) Service Center Liaison and ask for them to take it up with the USCIS contact for correction. This will cost you nothing, it is part of what AILA members pay for in their dues.
Your lawyer can send a letter to the Service Center Director and request a correction, and this will also generate a case number..
The other option is to use the I-290B but your lawyer will ask for a refund of the I-290B filing fee because it was USCIS error. USCIS will refund the filing fee and it will not cost you in the long run.
I am sure your lawyer is an AILA member and that is the better option of all since it is a direct line to the product line manager to have problems fixed.

Judith
Customer: replied 1 year ago.

What if my attorney made a mistake by putting in one year period only in the 129/LCA . Is there a way to correct it......

Expert:  Judith replied 1 year ago.
Let's hope he didn't because he got what he asked for and there is no error. If there is no error the only way to get additional time is to file a new petition extension.
He cannot ask for USCIS to fix his error.
Was the I-140 approved BEFORE the I-129 was filed?
Judith
Customer: replied 1 year ago.

Yes ! Little history behind to clear your answer.


 


July 2010 - H1b approved - valid upt 7/15/2013


Nov 2010 - Labour Approved


Feb 2011 - I-140 Approved


June 2013 - H1b extension request


July 2013 - got approved for one year only - that too I did it in Premium Processing and those huge USCIS fees, attorney fees )

Expert:  Judith replied 1 year ago.
Then clearly your attorney should have asked for 3 years with an LCA valid for 3 years.

So tomorrow you will begin your inquiry with the attorney. You are armed with options to ask hin to pursue if it was USCIS error.

Judith


Customer: replied 1 year ago.

I just asked him and added points from your reply, he got mad at me, below is his response,


 


nafees, stick to doing your I.T. work and do not interpret uscis laws/policies. You can "request" 3 year extension but it is unto them of how long they want to approve it. I've seen quota cases get approved for 3 months

Expert:  Judith replied 1 year ago.
WOW. Very Interesting. Are you sure the LCA and petition asked for 3 years? There may be a reason he is so defensive. There is nothing wrong with being a proactive client.
It does not seem like your attorney is willing to fight for you.
You are entitled to the 3 years and at the least he should approach the USCIS through the customer service line and then ask AILA to make a liaison request.
But who makes another fee in a year??? Not me! LOL I have no horse in this race.
Judith

Customer: replied 1 year ago.

Can I approach the USCIS over the phone by giving in the right information about the petitioner and plantiff, ?


 

Expert:  Judith replied 1 year ago.
No, you cannot call. It is not your petition - it is the employer's. Only the employer or the lawyer can contact USCIS.
And you need to know what the lawyer had on the I-129 and LCA.

Judith

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions