AC21 Legal assistance

M

mikenewman

Registered Users (C)
I would like to invoke AC21 to port to another employer.
My present attorney is not keen to assist me, in any form of paperwork as she deem it to be a conflict of interest.
I respect and agree with her position, as she has explained that she represents both party (employer and myself) - therefore it would be difficult for her to represent me to port to another employer.

Hence, I wrote to half a dozen legal firms about the possibility of engaging them to assist in putting out AC21 paperwork as I port to a new firm.
Not one of them replied, is there something wrong with that sort of request, or is business so good for them, that something like business for AC21 paperwork is not important to them anymore ?

Does anyone has a good attorney to recommend.
Thanks in advance.
 
Thanks for the quick reply.

Well, I would consider myself to be some one who does not like to take risk, for life altering issues, like immigration and would leave it to the professionals.
However, is it that easy and risk free - that I could do it myself ?

My 485 filing is close to 8 months and I have an EAD for 6 months.
I am foreseeing issues when present employer may not release details of my labor certification etc.
 
mikenewman said:
Well, I would consider myself to be some one who does not like to take risk, for life altering issues, like immigration and would leave it to the professionals.
Click to expand...

That's fair and reasonable. I just want to caution you that leaving stuff up to attorneys guarantees that you will pay. It doesn't necessarily reduce (or increase) risk.

However, is it that easy and risk free - that I could do it myself ?
Click to expand...

I would simply send a letter to USCIS referencing your case number, stating that you wish to port your GC petition to your new employer, and provide evidence of your job and maybe some paystubs.

I am foreseeing issues when present employer may not release details of my labor certification etc.
Click to expand...

You really don't need it; if your job is similar to your old one, you'll be fine.
 
Don't bother with a lawyer except for a one-time consultation to discuss the old and new job duties if you are concerned about whether it meets the "same or similar" criteria, or have some other unusual situation.
 
Thank you all, your replies have been really helpful and comforting.
Very greatly appreciated.

On another note, can we also renew our EAD without an attorney ?
 
Yes, you can renew EAD and AP by yourself. Just read the instructions carefully so you don't miss or misinterpret anything.
 
Do not Worry

Do not have I140 or Labor cert details? Do not worry..

All you need is Job description to prove same or similar job.

Read this which I posted before about getting it...

Attorneys make their living by scaring people. To scare you, they will ask for all the I140/LC etc papers...

If you are looking for a lawyer, I have found Rajiv Khanna very sharp and respectable. In one of conference calls he clearly advised someone, "Do it yourself unless there are complications"




<Is it possible to change jobs if I don't have this information?>

YES. The only problem is you have to prove to INS that you have same or similar new job. So, you need the job title and description in your Labor/ I-140.

1. You can hope that your H1 job description was same. You may use that.

2. DOL has public database of all LCs and LCAs...since 2000.
Go to www.flcdatacenter.com and you will see downloadable mdbs. You can get your job title for which Labor was filed, and the job code. find out typical job description from Onet or Dot dictionary and you have your old job description.

3. Foramlly, ask your employer about your job description. If they refuse, go to Dept of Labor, and they will have to.

4. Get new job title and job description accordingly.

5. There are really very nice AC21 letters on the board. Pick up a good one and send it to INS.

6. Thumb your nose to old employer and tell to shove up the I140 and labor where sun does not reach...

Best of luck, pal! I was in the same boat..I asked Rajiv, but he said I may not be able to defend potential NOID with out job description. None of the boards IV or Murthy or trackitt told me how to get job description, so I found myself (and I am patting myself on the back )
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