California  |  Immigration Law

Legal Question

Asked on: 8/11/09, 8:37 pm

Hi,

My wife is an H1-visa holder. She is a teacher. She filed for an extension 2 months ago and USCIS sent her and her agency(people that filed her application) an RFE asking for her Tax paperwork, etc. Her visa got denied last week because her agency did not submit all of the documents(her Tax paperwork) that USCIS asked for. Now she wants a new attorney to handle her case and she asked someone what to do and she was adviced to either do a late filing or refiling. The problem with the late filing according to the person she asked is that when she knew about the denial, she did not stop working which is a violation because she was already out of status so if she does late filing, USCIS might ask for proof that she was not working during that period of time. The other option is she can refile but as much as possible we don't want to go back home(Manila) for stamping so there wouldn't be too much expenses.

Please advice us what the best option is in this case. Any other advice would be appreciated.

Hope to hear from someone asap.

Thank you! :)

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