Legal Question in Immigration Law in Virginia

inmigration

I started a case to obtain my legal status through labor certification on 2004 with a lawyer in Maryland, I work in MD, I gave the lawyer the amount of $3,000.00 to start the case, after a few months the lawyer said the labor dept. send back a letter saying that I was supposed to make $53.00 per hour for all the duties I had as labor manager, I was making only $19.00 per hour, my boss said it was crazy so she made an appointment with one of the partners at the firm, (were two partners) the lawyer said that we had to change my position to submit again, so my boss was agreed and signed the forms to be submitted again, after that I never received anything, I been calling and leaving messages to find out the status of my case but I never got an answer, after one year I finally talk to someone at the office and he said that the lawyer that was taking my case left, the two partners got on a fight. I made and appointment and the lawyer told me since the lawyer had my case left my money is lost, he asked me $500.00 to start my case again, I gave him the money, but nothing is done, what can I do to recuperate my money, I do not work for the same company, can I apply with a new company, I am protected with the I-45, please let me know


Asked on 12/10/07, 2:08 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: inmigration

The lawyer gave you the wrong information regarding the firm's alleged lack of responsibility for your retainer fee that was supposedly "lost" when the lawyer you had hired left the firm, i.e, since it's very likely that under the Maryland State Bar rules that this firm almost certainly continues to be responsible for your retainer, and not only are they now apparently attempting to deceive you in this regard, they now even have the hubris to ask you for more money for a case that their firm has done absolutely nothing with after collecting some $3500 in retainer fees.

You should immediately make a written demand to this law firm for the full refund of all of your retainer monies($3500) or you will have no alternative but to file a complaint with the Maryland State Bar and file your claim of loss in the appropriate Maryland small claims court if these monies are not promptly refunded to you.

Then look for another lawyer to handle your immigration matter in the event that you can't do it yourself. (If you already have H1B visa status, you should be able to arrange for your new employer to submit the paperwork to USCIS in your behalf to effect the transfer.)

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Answered on 12/10/07, 4:45 pm


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