Can company's laywer revoke the 485 application?

A

actonwang

Registered Users (C)
hi, experts,

I am planning for file a 485. Our company is extremely unstable so I have to consider the situation here. What if I am laid off after I file 485:
1. Does 485 belong to me or the company?
2. The lawyer is hired and paid by the company. Does the lawyer or the company have the right to revoke my 485 application?
3. Is the lawyer still responsible for my case even after I leave the company?

Thanks for any advice!!
 
actonwang said:
Does 485 belong to me or the company?
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It is your petition.

Does the lawyer or the company have the right to revoke my 485 application?
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No. If the lawyer withdraws the I-485 without your permission, you can ensure that he or she ends up like Mike Nifong and never practices law again.

Is the lawyer still responsible for my case even after I leave the company?
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Yes, but personally I would suggest you retain your own attorney, or represent yourself.
 
Thanks for reply.

It is good to hear. I assume that there is a rule for this.

company requires company's own lawyer so I have no choice. So my last question is:

1. If any futhur action is needed, is my company's lawyer responsible for doing it by law?
2. Could I take my case by myself or transfer my case any time (assume after I leave the company)?
 
i think the company cannot revoke the I-485 only if the I-140 is approved. can someone please confirm this please? thanks
 
ginnu said:
company or company lawyer cannot revoke the I-485 . I-485 is your petition.
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i see but if one doesn't find another company to extend the h1b then the i485 is pretty much irrelevant and nulled because one becomes out of status.. so it is very important that the employer does not lay you off
 
Unmol_Ratan said:
i see but if one doesn't find another company to extend the h1b then the i485 is pretty much irrelevant and nulled because one becomes out of status.. so it is very important that the employer does not lay you off
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That's completely wrong. A pending I-485 always keeps you in valid status, and you just use your EAD to work.
 
TheRealCanadian said:
That's completely wrong. A pending I-485 always keeps you in valid status, and you just use your EAD to work.
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but EAD is sponsored by employer right? so without employment there is no EAD or H1 renewal and then when the EAD or H1 expirer, the I485 applicant becomes invalid
 
Unmol_Ratan said:
but EAD is sponsored by employer right?
--wrong, EAD or AP is based on YOUR pending I-485 and EAD or AP is NOT sponsored by employer . YOU file for EAD or AP and YOU sign the form I-131 or I-765
H1 extesions are filed by employer and H1 is employer petition.
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ginnu said:
but EAD is sponsored by employer right?
--wrong, EAD or AP is based on YOUR pending I-485 and EAD or AP is NOT sponsored by employer . YOU file for EAD or AP and YOU sign the form I-131 or I-765
H1 extesions are filed by employer and H1 is employer petition.
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ginnu, thax for the correction, I have a question, My company attorney is preparing the I-140 and I-485 to file concurrently after July 1. Should I fill out the EAD and AP myself and send to the attorney to include it with the I140 and I485 or should I send those to USCIS myself after the Receipt of I140 and I 1485 is received.
Thanks
 
Unmol_Ratan said:
ginnu, thax for the correction, I have a question, My company attorney is preparing the I-140 and I-485 to file concurrently after July 1.
-----------------after July1???
Should I fill out the EAD and AP myself and send to the attorney to include it with the I140 and I485 or should I send those to USCIS myself after the Receipt of I140 and I 1485 is received.
--------------------you have to decide that. I will prefer to file EAD AP with I-485
Thanks
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--------------------UNMOL_Ratan nahin hota, ANMOL_ RATTAN hota hai
 
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