Any consequences from changing lawyer and doing-it-self for I-485 & EAD filing?

D

dream

Registered Users (C)
I would like to ask questions regarding application for I-485 & EAD.

I filed my I-140 application in NIW category with VSC last August.
I obtained a degree of Ph.D. in this country and am working as a postdoctoral researcher in a medical school with a H1B visa.

I submitted my I-140 application through a lawyer.
Actually, I have communicated and got the legal service through his associate lawyer. At that time, I did not concurrently file the application of I-485 and EAD according to my lawyer's guidance. He told me that it would be better for me to file the 2nd step paperwork about 3 months later when I probably will get an approval result of the I-140. However, I have not heard any news yet since it past 6 months.

More than a month ago, I consulted with my lawyer about my consideration of applying for I-485 & EAD in order to save time in completion of full procedure of green card paperwork and he asked me for giving him time for his research on the matter. Yesterday, I got the same answer from my lawyer as the last time's like next. He recommends that "I keep waiting until the result comes but he can file my application of I-485 and EAD if I concern".

I wonder why he took more than a month to give me the same answer. I had this kind of too slow response from him and his associate lawyer so many times. It wastes time. I feel that he has no confidence with my case even though he always said that "my case is good and finally will win".

Anyway, I am very serious to consider changing my lawyer for preparing for my I-485 & EAD application or doing it myself. I wonder whether I can change my lawyer and do it myself. If so, I wonder how the change affects my I-140 and I-485 processing. Please provide me any information (web-sites, etc.) on prepartion for I-485 & EAD application if available in detail.

I look forward to hearing from you all.
Thank you.
 
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Originally posted by dream


Anyway, I am very serious to consider changing my lawyer for preparing for my I-485 & EAD application or doing it myself. I wonder whether I can change my lawyer and do it myself. If so, I wonder how the change affects my I-140 and I-485 processing. Please provide me any information (web-sites, etc.) on prepartion for I-485 & EAD application if available in detail.

I look forward to hearing from you all.
Thank you.
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Processing of I-140's is routinely taking 6-12 months these days. Many lawyers are advising to wait to file the I-485 in self petition cases.

If you are not happy with the service you are receiving from your attorney, then it is your right to dismiss him. Chances are, you signed a G-28 form advising the INS (or whatever they are called now) that he is representing you. You must inform the INS that he is no longer representing you or else all documents will continue to go to his office.

Brian
 
Thank you, Brian.

I have 3 more questions.

If I file the I-485 by myself now, I will have to inform the INS that my lawyer is no longer representing me.

1) I wonder if there is any other negative consequences with my I-140 filing in additon to the correspondce matter as you mentioned.

2) I would like to get any detailed information on self-preparation for I-485 application if you know.

3) I saw that most I-485 applicants filed concurrently EAD & AP.
I keep working with H-1B which are renewable for 3 more years.
I heard that my case does not need to file EAD & AP with I-485
but keep being better with H-1B. That is right?

I look forward to hearing from you all.
 
Originally posted by dream
Thank you, Brian.

I have 3 more questions.

If I file the I-485 by myself now, I will have to inform the INS that my lawyer is no longer representing me.

1) I wonder if there is any other negative consequences with my I-140 filing in additon to the correspondce matter as you mentioned.

2) I would like to get any detailed information on self-preparation for I-485 application if you know.

3) I saw that most I-485 applicants filed concurrently EAD & AP.
I keep working with H-1B which are renewable for 3 more years.
I heard that my case does not need to file EAD & AP with I-485
but keep being better with H-1B. That is right?

I look forward to hearing from you all.
Click to expand...

1) I don't see why. People fire their lawyers all the time.

2) Sorry, I did CP. I imagine that you need all the requested documents, including the medical examination.

3) I just read the other day that the INS (now BCIS) has clarified the rules on concurrent filings and have stated that if the I-140 is rejected, all accompanying applications (I-485/EAD/AP) are automatically rejected, too. For my money, I like the H1B.

Brian
 
I agree with Brian on all counts.

As far as doing the I-485. You can get information from the forms themselves and any of the attorney websites that provide such information. Filing an I-485 and other documents does not take the brain power that filing an EB-1, NIW, of Labor Certification but it can be a lot of work. Paperwork, attention to detail, and the assembly of a complete package is important.

My only concern, if I were you, would be the quality of the I-140 package that was submitted. If the attorney takes a month to get back to you there could be other problems that are more significant.
 
Self preparation of I-485 application

Originally posted by Jim Mills
I agree with Brian on all counts.

Filing an I-485 and other documents does not take the brain power that filing an EB-1, NIW, of Labor Certification but it can be a lot of work.

My only concern, if I were you, would be the quality of the I-140 package that was submitted. If the attorney takes a month to get back to you there could be other problems that are more significant.
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I appreciate, Brian and Jim.

I am finalizing my decision making through your very valuable information.

When I worked on my I-140 paperwork with my lawyer (actually,
his associate lawer), I was surprised to find that the legal service quality was quite short of my general expectation because the lawyer prepared for a cover letter by copy/paste from a template letter and filled out some forms. It did not seem to be difficult to prepare. I prepared for most documents. Some other I-140 applicants in the same job position and field as mine who had a professional legal service might have same feeling.
I do not want you to seriously take my story above.

Nevetheless, I seeked to make sure that I felt comfortable to submit very important legal documents through a lawyer and expected to get some valueble help just in case. So far, my lawyer's client response is lukewarm. I am losing a positive expectation???

I already thought about the possiblity of semething going on.
I would rather directly ask my lawyer now.
Thank you so much again.
 
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Pro & cons of I-485 application through CP and difficulties of self-preparationn

Originally posted by leroythelion

2) Sorry, I did CP. I imagine that you need all the requested documents, including the medical examination.

3) I just read the other day that the INS (now BCIS) has clarified the rules on concurrent filings and have stated that if the I-140 is rejected, all accompanying applications (I-485/EAD/AP) are automatically rejected, too. For my money, I like the H1B.

Brian
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I would like to know to date advantages/disadvantages (like time-saving, any mandates, filing procedures, and difficulties of self-preparation and risk factors) with applying for I-485 through consular processing before or after I-140 approval.

As I mentioned, I past more than 6 months after filing only I-140 appication in NIW. I will move to a biomedical research institute without any job position/field change this June and keep my H1B visa status. I wonder if there are any consequences in my filed I-140 or to-be-filed I-485 resulting from by the employer change.

I look forward to hearing from you all (and specially, Brian).
Thanks.
 
Well, there are several problems. First off, an I-485 is for AOS, not consular processing.

It is also unclear whether AC21 (the law that provides GC portability) applies to Consular Processing.

Additionally, the applicability of AC21 to NIW filings may also be questionable and continued employment in the field of the national interest will undoubtedly be a question.

INS has stated, but has not always followed its own statement, that the 180 day period for portability under AC21 does not begin to run until the I-485 is filed AND the I-140 is approved. INS says that they will not be approving I-140s until they have also adjudicated the I-485. INS has not been doing this and they have been issuing I-140 approval notices for concurrently filed cases but they claim that they would not do this. This would be a huge deterrent to concurrent filing if BCIS begins doing as INS stated it would do.
 
Re: Pro & cons of I-485 application through CP and difficulties of self-preparationn

Originally posted by dream
I would like to know to date advantages/disadvantages (like time-saving, any mandates, filing procedures, and difficulties of self-preparation and risk factors) with applying for I-485 through consular processing before or after I-140 approval.


I look forward to hearing from you all (and specially, Brian).
Thanks.
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I really like Jim's answer on the concurrent filing.

In consular processing, your file is transfered to the State Department and you would be issued an immigrant visa abroad. You can save an enormous amount of time this way, especially if you live in the TSC jurisdiction. CP processing times have increased lately, though. I completed my CP last May, 3 months after mailing in my Packet 3.

For me, CP was a no brainer. I live 350 miles from the consulate in Montreal, the city I grew up in and return to visit parents/in-laws 3-4 times/year anyways. For most people, though, CP involves long, expensive trips. YMMV.

Brian
 
CP is usually faster but the questions regarding AC21 applicability make it questionable as an alternative to AOS.

As an attorney, I don't particularly like CP since consular officials have lots of discretion and I can do little to influence their decision or get it overruled if I disagree with their logic. I normally recommend against it but I've help clients through the process many times.
 
I would wait before firing the lawyer

Looking at at this way...you dont want to raise any red flags..atleast not before your 140 is approved. For EB1 and NIW, this is the 1st and most imp stage. even if lawyer is not to your expectations, your 140 is submitted so there is nothing you can do at the moment. if time is of essence you can file 485 ( i think ur lawyer is ok with doing it). i would just lie low for the time being and quietly file 485 and then when 140 is approved, decide what to do with lawyer consulting. Meanwhile, you can always be on H1B.
 
Originally posted by Jim Mills

As an attorney, I don't particularly like CP since consular officials have lots of discretion and I can do little to influence their decision or get it overruled if I disagree with their logic. I normally recommend against it but I've help clients through the process many times.
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Jim,

I must say that this is a curious statement and it directly contradicts the advice given to me by my own attorney. Please correct me if I am wrong in any of the following:

Fact: Decisions made by Consular Officers cannot be appealed, defenitely a minus for CP

Probable Fact: A Consular Officer is more likely to follow the letter of the law than an INS officer reviewing an I-485.

Fact: You can appeal an I-485 denial

Fact: The appeal process can take several years and the rejection is likely to be upheld. Meanwhile, the alien must hold another status.

Fact: Grounds for inadmissability is almost the same for both processes, so if you have a criminal conviction (for example), you are screwed either way.

Given the fact that the Consular Officer *must* grant the visa unless the documents are not in order or the alien is otherwise inadmissable, based on a strict set of criteria, it seems to me that this is the way to go. I think that the CO has much less discretion than the INS reviewer, who seems to love transferring cases to local offices, for what reason I don't know. This is reflected in the much lower rejection rate for CP.

Am I looking at this the wrong way?

Brian
 
You are probably correct that a CO will try to adjudicate the case in accordance with the law (I think INS trys to do this too but INS officers can always transfer a case for further investigation, while COs usually do not do that (occassionally, you get a case transfered to the anti-fraud unit or reffered out for an opinion backint the US)). However, COs are normally pretty young with little real experience and they make a decision normally without issuing an RFE or requesting significant evidence or information. Once the decision is made, there is no appeal, no way to request correction of an obious error, and basically nothing to do but start over.

I just worry about relinquishing that amount of control.
 
Originally posted by Jim Mills

I just worry about relinquishing that amount of control.
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I can understand this, from your point of view (as you highlited earlier). It would be difficult for you to have to explain to your client why their employee is stuck overseas. I just don't know how much control you *really* have even if the alien is denied while still in the country.

Brian
 
It's a valid question. So far so good with INS but I have occassionally had difficulties with consulates. Sometimes these problems have arisen from people not being 100% truthful in what happened at the consulate (I had one guy who told us that the consulate (Chennai) had denied his visa, I contacted the consulate and found that they guy had obtained a valid visa from another company and entered on that. The guy was not telling the truth). Even contacting the consulate to get this information was difficult but maybe things have improved since it's been 3-4 years since that happened.

Jim
 
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