Legal Question in Immigration Law in Washington

H1B visa renewal delayed

Dear Sirs,

I have applied for my H1B visa RENEWAL on July 8th, 2008 and as of today have not heard anything back. I have had no update besides that my file is under administrative processing and has been for 5 months. I also found out that the FBI has no record of my biometric fingerprints, which means that they were never sent by the embassy as they should have.

I have been on unpaid leave from my job for over 4 months now and cannot pay my bills anymore. As a result, I am about to lose everything. I suspect negligence on the part of the government agencies involved and wish to know what recourse(s) I may have to get damages and repairs from said agencies.

Thank you.

Regards.


Asked on 12/15/08, 4:40 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: H1B visa renewal delayed

With few exceptions, such as delayed naturalization cases, I think you are out of luck in terms of getting compensation for USCIS slowly processing your application. Unfortunately, thousands of peoples lives are ruined annually by USCIS's delays, but it is not always their fault. Sometimes, the delay is caused by something that may have been done by the filer (I'm not saying that is what happened in your case, I'm speaking in general on this point), and unfortunately, they don't tell you until it is too late for your economic purposes.

The best you can do is to call the 800 number (which I cannot write her due to Law Guru restrictions) at USCIS customer service and try to speak to a supervisor to inquire about the delay.

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Answered on 12/15/08, 6:19 pm


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