Kelso, CA Immigration Law Firms & Lawyers

If you paid the lawyer, the you should ask the lawyer to return the fee to you (or at least any part of it that was unearned).  If the company paid the lawyer, they you wouldn't be entitled to the a refund of what the employer paid on your behalf.

Although not clear from your fact situation, I gather that you are applying for both L-1B extension and change of status to H-1B. Assuming that is correct, I of the opinion that if both were timely filed within the time prior to the expiration of the previous L-1B approval, then you should be able to continue staying in the US awaiting the H-1B result even though your L-1B was rejected. If the change of status to H-1B was filed after the expiration, it would likely be seen as an untimely filing and it would be up to USCIS whether to approve it or not. As to your ability to stay in the US in that situation if the L-1B is denied, the date of denial would serve as the first day of unlawful presence. If you remain in the US for over 180 days hence, you would then become subject to a 3 year bar on admissibility unless the H-1B change of status is approved. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

If she can enter on a tourist visa without the intent to stay, then you can easily resolve all this later without her having to leave. Otherwise, the fiance visa does take time and there is no guarantee that it will not take longer. You can request expedite processing but it is rarely considered and granted. If your child is born abroad, there is a method of obtaining citizenship status after the fact.