The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.

Our client came to us after he found out he and his wife had missed the deadline to file an extension of status. The client’s employer and his employer’s attorney had misinformed him about the filing deadline for the I-539. Because of the prior attorney’s misinformation, our client had not filed a timely request to renew his H-1B, and his wife has not filed to timely renew her H-4 status.

The client was especially concerned because he was the beneficiary of an approved I-140. In order to be eligible to adjust status inside of the United States, our client was required to maintain his status continuously. This failure to file his renewal on time could cause a break in status which would jeopardize his entire immigration future and could subject him to a ten-year bar from re-entering the United States.

Luckily, our firm was knowledgeable in this area. We filed a nunc pro tunc request and asked USCIS to consider the extension of status request as being timely filed. Our team assisted the client in making a strong argument that he had justifiably relied on his employer and his employer’s attorney. Our team also argued that the prior attorney’s actions constituted ineffective assistance of counsel.

Our client was thrilled when the request was approved. The approval of our request allowed the client and his wife to maintain their status and avoid any bars to re-entry.

Nunc pro tunc is a discretionary remedy by which USCIS may approve a late-filed request. Specifically, USCIS has the discretion to approve a nunc pro tunc request if:  

• The late filing is the result of extraordinary circumstances beyond the control of the applicant;
• The delay in filing is commensurate with the circumstances;  
• The foreign national has not otherwise violated her/his nonimmigrant status;  
• The foreign national remains a bonafide nonimmigrant; and  
• The foreign national is not subject to deportation or removal proceedings.

If you or someone you know has encountered a similar issue and needs the assistance of qualified professionals, please do not hesitate to contact our office at 213-375-8096. We are here to help!