Attorney fee paid by employer - How to use AC21 with confidence in Attorney?

[gcforfamily]

All Gurus

Been a silent reader of this forum since 2002. thanks for the postings, sharing and suggestions on matters of immigration.

I have a peculiar situation.

Background:
(1). My Labor is approved in 2005 by DBEC.
(2).I-140 approved in 2006
(3).Applied for AOS (I-485) for the whole family in June 2007. ( 3 members including myself)
(4).Got Receipt date of July 13 2007
(5).Done FP for the whole family in August. LUD August 20th.
(6). Received EAD and AP in end October 2007.
(6).I paid all the processing fees for labour, I-140, I-485.
(7).My Employer has paid for the attorney fees only.
(8).Attorney is very reputed in immigration affairs and highly respected in immigration community.
(9).I have filed my G-28 declaring that "This is my attorney who will represent my GC process" to USCIS
(10). I have received EAD valid till Sep. 2008.
(11). I am still on H1B with my employer and have been finding my own contract works and getting top hourly rates to my employer. Have not been out of work for more than 3 weeks.

(**
My employer sounded caring and concerned until a year ago. Used to call once in a month to talk. But now has started behaving very curt and has been withholding my pay. I worked on 2 projects with different clients at the same time. It was 20 hours a day work for almost 3 months & toiled on 2 jobs.
**)

Its has been over 6 months since I filed AOS. Since I am eligible to use AC21 and change my employer, I intend to make use of AC21 now while I am on bench.

My Questions are:
(A). This atttorney has all my papers right from my labor certification application stage onwards. I would like to continue to have current attorney to represent me until all my family members receive GC. Will the attorney be loyal to me after I use AC21 and in case I receive any RFE?
OR
Will the attorney be loyal to employer who paid just attorney fees? This employer would have paid attorney fees for all employees for their I-485 processing. This employer brings more business to attorney than a single individual like me. Will this situation become ethical question for attorney?

(B). Is there any means I can force the employer to pay my pending - withheld pay?

(C). Good number of employers are asking me to join them as full time employee. My employer says I should and must continue to work for his company on H1B until I get my GC and work for new employer as soon as I get my GC. I joined his company with an understanding that he will be my conduit for GC. Is the employer suggestion/advice is to trap me into some legal immigration issue?

I am in dilemma and appreciate your suggestion and guidance.

I don't want to name the attorney that is doing my GC process, you can guess it.

Many Thanks in Advance.

gcforfamily.

EB2, India

 

[worrieddude]

I had been through this situation before. Except that they kept messing up the I-140 filings even though I had paid the complete fees + attorney costs. I have spent over 13,000 on the process and no GC in sight.

If I were you, I would get a copy of all the documents from the attorney.

It is not so straight forward if the I-140 is withdrawn by the employer, you may not get to know about this till EAD renewal time.

Tread carefully.

 

[gcforfamily]

Thanks worrieddude

I have been requesting the attorney representative to provide copies of labour and I140. The answer is always same by the rep. I-140 & labor are property of employer, can not be given to beneficiary.

It gives me a feeling of brotherhood to know that I am not the lone sailor in this kind of situation.

Thanks again
gcforfamily.

 

[Jackolantern]

You don't need copies of the labor and I-140 to use AC21.

Once you change jobs, don't even think of getting the former attorney to do anything for you. Just file another G-28 ASAP to assign the case to a new attorney, to avoid any RFE's or NOID's related to your case going to the old attorney.

(C). Good number of employers are asking me to join them as full time employee. My employer says I should and must continue to work for his company on H1B until I get my GC and work for new employer as soon as I get my GC. I joined his company with an understanding that he will be my conduit for GC. Is the employer suggestion/advice is to trap me into some legal immigration issue?

Scare tactics. AC21 protects you from employer traps like that. However, if the employers are clients of your employer (especially clients you did projects for while with your employer), your employer may have a legitimate case for blocking you from joining them, depending on the wording of your contract and laws of your state.

 

[worrieddude]

Once you change jobs, don't even think of getting the former attorney to do anything for you. Just file another G-28 ASAP to assign the case to a new attorney, to avoid any RFE's or NOID's related to your case going to the old attorney.

I wish I have confidence like you do in the USCIS. Alas I don't.

Note that filing G-28 does not guarantee that the RFE will go to the new lawyer. Generally USCIS does not update the records and RFE/NOID goes to old lawyer. One should be aware of this. .

When using AC21 one should be aware of all the things that can go wrong and act accordingly.

 

[Jackolantern]

I wish I have confidence like you do in the USCIS. Alas I don't.

I don't have confidence in them either. USCIS will often be slow and mess up with it, but it still remains true that it is very important to file a new G-28 or at least revoke the old one.

 

[gcforfamily]

Thanks Jackolantern and worrieddude.

I have not yet got an offer for new assignment. depending upon the type of assignment I will take steps to continue to work for current employer to jump to new one using AC21.

Appreciate your responses.

gcforfamily.

 

[ItalySeAaTapki]

Do not have Labor/I140 job description...? Do not worry..Read my old post..Most Important..Do not forget doing the last thing, #6.

<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 )