A small Chinese restaurant owner filed an I-140 for his chef after labor certification was approved. Previous counsel did not document his ability to pay well and the case was denied. On motion to reconsider/appeal to the AAO, we discussed with the owner in length about his personal finance and collected evidence ranging from life insurance to IRA to home equity line. With these new evidence, the motion was successful and I-140 was approved in just about 10 days.
Ironically, previous counsel filed client's I-485 with the I-140 last July with an incorrect filing fee and the I-485 was rejected. Client lost the opportunity to file I-485 and he did not have legal status and did not have employment authorization. That attorney's malpractice costed the client tremendously in terms of time and money. Client now has to wait for the visa number becomes available before he can file I-485.
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