1-485 pending,Lawyer refuses to help move to new employer

M

Mateo

New Member
My lawyer who is processing my GC also represents my employer. I am waiting for 1-485 approval and I am considering getting a new job. The lawyer says he cannot help me with this as it will be a conflict of interest for him. He says I have to hire a new lawyer.
Should I go ahead and hire a new lawyer, would this jeapodize my 1-485 approval? Would the case have to get moved to him/her?

(I have 1140 + EAD >180 days)
 
Hi mateo,

If it is upto the neck then you have no choice. I was in the similar situation. I changed my job using AC21 and then went to a couple of lawyers spent $75 - 100 for each visit with each lawyer to get the feel of what will be needed and what it is going to cost.

Still evaluating my results. But if you want your GC processing to go smoothly then you have to be prepared to fork out the extra mula required. As it is if you did not have this situation, you would have continued with the same company and lawyer till the end of the GC road.

I just went for it and have saved up the money to pay for my mental peace. There is ample of risk invoved whilce changing job. especially if you are stepping on the toes of your former employer. But then I just felt more free and felt like I stopped my suffering and expoitation.

See what are the benifits of quiting and then decide.

All the best

- SunderGC
 
Mateo said:
My lawyer who is processing my GC also represents my employer. I am waiting for 1-485 approval and I am considering getting a new job. The lawyer says he cannot help me with this as it will be a conflict of interest for him. He says I have to hire a new lawyer.
Should I go ahead and hire a new lawyer, would this jeapodize my 1-485 approval? Would the case have to get moved to him/her?

(I have 1140 + EAD >180 days)
Click to expand...
This is common thing since attorney and your company has such an agreement. Get copy of labor and I-140 approval notice and receipt notice for I-485. Keep the good relation with him so that even if he gets RFE he should be forwarding it you.

Later you can hire same attorney as you will be no more related to the company or go to a different attorney.

Do the job change only if I-140 is already approved.
 
yeah...maintain good relation with him. Get a copy of I40 and LC thru FOIA and then file an AC21 yourself. You dont have to hire a new attorney unless you want to. I didnt hire a new attorney and ended up fine and saved some bucks (I filed AC21, EAD/AP renewals etc by myself)
But if your case has any complexities, then you shud hire an attorney.
 
I need to talk with my lawyer again to clarify the legal situation. I am hoping that I can still retain him to represent me throughout the GC process (and have him make the necessary change of address etc.)
I am hoping that it is just that he cannot give me the legal advise to change jobs because of the conflict with my employer, but that he is able to do the necessary paperwork.....

Thanks for your help!
 
It is worth hiring new attorney right at this stage. They know what exactly should be communicated to USCIS and hence all future correspondence on your case will be sent to the new attorney. Worth spending that kind of money.
 
hi mateo

Did your lawyer accept to give you a copy of approved LC ?
I'm in the same situation and I would like to file AC21 but my lawyer refuses to give me a copy of approved LC, saying that it is employer's document and employer should agree for that.
It is obvious that the employer is not going to cooperate for that. I tried a couple of times and they disagreed.
What are my options to get a copy of my approved LC ??
Once I get that I plan to change my lawyer and go ahead with AC21.

Thank You.
 
Hi! PV1976
If you file AC21 by yourself, did you sent another G-28 form to get RFE etc. documents directly to your address instead of attorney?
Thanks in advance.
 
I am also in the same boat

I am also in the same boat as you are. I am planning to use AC21 and want to retain the same attorney firm. The lawyer told me that he cannot talk about anything related to my departure from the current company until I resign. He cited that it is a conflict of interest since he represents me as well as the company. But then he also made an appointment with me on the first day after I leave my current employer. Next week I will come to know the whole picture.

I will suggest you to get the copies of LC and 140 using FIOA. This gives you a good leverage when you talk to your company lawyer or other lawyers.
 
Do I need to file G-28 if I am filing AC21 myself?

I have a similar question as rchigurupati. My current company lawer is representing my case (I-485). I am planning to quit this job and use AC21. I would like to file AC21 myself (in order to save some money). How do I let USCIS know that I will represent my case from now onwards.

Thanks in advance.
 
Thanks guys for the tip about getting a copy of the LC and I-140 notice. I think I should have copies of those.
Sorry to ask a dumb question but what is FOIA?

mathapachchi please let us know what the outcome is of your meeting with your company lawyer after you quit.
I didn't occur to me that maybe a company lawyer would consider retaining their client after they leave the current employer.

Mateo
 
How do we use this FOIA to get information from the lawyer (copy of approved LC) ? How do we proceed with this ?
Can anybody please explain in detail....

Thank You.
 
GC Leke Jao said:
How do we use this FOIA to get information from the lawyer (copy of approved LC) ? How do we proceed with this ?
Can anybody please explain in detail....

Thank You.
Click to expand...
FOIA is applicable to only government agencies. You can try the Bar association to get a copy from your Attorney or yu can request a copy from DOL under FOIA.
 
I got copies of Labor, I-140 etc (Everything that was in 485 file, including correspondence with INS) using FOIA. Though I must tell you that it took more than 2 months. Since my company refused to provide me a copy of Labor and 140, I applied for it so that I should have this in case I need it.
 
GC Leke Jao said:
How do we use this FOIA to get information from the lawyer (copy of approved LC) ? How do we proceed with this ?
Can anybody please explain in detail....

Thank You.
Click to expand...

File form G-639.
 
I am also in the same boat as you guys are. Changed my employer after 140 approved and 485>180 days. Did not apply for AC21 yet. Had good relation with my previous employer coz got laid off from client side and they were unable to get a job for me, when I found the job by myself and went on working @hr rate, but dont know how long this current project is going to run. Planning to apply G-639(FOIA) soon. Dont know my current employer(though I am not a full time employee/working as per deim employee) will support me for the rest of GC process or not. That is the reason I might wait till I get RFE. Hope my old employer will send me those RFE. And after that I really dont know what I will be doing......
 
rajibda said:
I am also in the same boat as you guys are. Changed my employer after 140 approved and 485>180 days. Did not apply for AC21 yet. Had good relation with my previous employer coz got laid off from client side and they were unable to get a job for me, when I found the job by myself and went on working @hr rate, but dont know how long this current project is going to run. Planning to apply G-639(FOIA) soon. Dont know my current employer(though I am not a full time employee/working as per deim employee) will support me for the rest of GC process or not. That is the reason I might wait till I get RFE. Hope my old employer will send me those RFE. And after that I really dont know what I will be doing......
Click to expand...

Be advised though, sometimes USCIS will not release material to you that was filed by the employer without consent (usually a G-28) from the employer.
 
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