I am the petitioner for a H1B recepient, we received an approved 797 saying we had gotten approval but because of overtsay of old B2 visa we had to get it issued abroad. We are now in Seoul South Korea,his home country. We have an appt with the US consulate here on Friday. He was in the country on overstay by 16 months but the reason for the overstay was because the fisrt attorney we hired did not file the paperwork for the H1B before the B2 expired although he was paid and the paperwork was submitted to him prior to the expiration of the B2. Will he be subject to the 10 yr bar.
We hired a new atorney to file the H1B as soon as we found out the first one dropped the ball. What should we do.. do we have a case to have 10 yr bar waived because it was atorneys fault.