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100k case
This post is for a friend. Candidate’s H-1B visa was denied because the attorney forgot to certify the LCA and applied for H1B extension. An RFE was issued four months later; by that time, the previous visa had already expired a month earlier. Then only they realized that they forgot to certify LCA. The attorney responded to the RFE by attaching a newly certified LCA, but USCIS denied the petition, and the candidate had to return to India in August. Subsequently, a new $100,000 salary proclamation was signed in September, and the employer could not file a new H-1B because the $100K rule applied to the candidate as well. The employer is now stating that they cannot hold the position any longer and are also unsure whether they can file a new H-1B petition due to the $100K requirement. Is there any way the candidate can sue the attorney for their negligence, since the issue was caused by the attorney’s mistake or clerical error? Also, can the candidate pursue legal action while being in India? Would it be better to hire a civil attorney or an immigration attorney for this case?
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