Originally posted by saathia
What grounds do you have to make your statements and claims?
Easy - experience with the immigration system.
Look, I've had "reputed" attorneys tell me all sorts of things over the years. I've had some tell me that on a TN I couldn't start Green Card proceedings because there was no dual intent allowed. I've had others tell me that I needed a visa stamp before I could re-enter the US. I've had some more say that I needed AP to re-enter the US after my I-485 was filed, despite having a valid H-1.
I'm not an attorney. I freely admit this. However, just because someone has a law degree (where they spent 4 years learning a wide variety of subjects outside of immigration law) and takes your money doesn't appreciably increase the quality of the advice they give you. If you ask 3 attorneys and on a message board, you may get several different answers.
You also wrote in other thread that one couldn’t file second I-485 based on Different employer LC and different I-140 from different employer. FYI my friend has 2 pending I-485 in different service centers and was filed by reputed lawyer.
As nkm so eloquently stated, the first situation reeks of immigration fraud. You as an alien can only intend to work for one employer. Now two employers can file an LC/I-140 on your behalf; that's their business and not yours. However, when you file two I-485s, you need to intend to work for the I-140 petitioner, and BCIS will legitimately ask "Are you withdrawing one I-485, or were you lying when you promised to work for your first sponsor, or are you lying now?"
I'm sure your reputable lawyer has good reasons to file two I-485s, and probably pocketed two sets of filing fees. But this is a very grey area, and what are you going to do when BCIS takes the opinion that your second I-485 filing automatically withdrew the first?
Second, I've never said that you cannot file two I-485s; I have said that it's at the very least a waste of money, and at worst immigration fraud. Obviously neither issue bothers you, but I would suggest that this attitude is not typical of the folks here.
If you claim to be expert then you should also post the law for your claims. Don’t mislead others; he may be in trouble if he claims unemployment benefit while on EAD. I just spoke to my lawyer and he confirmed not to go for it till GC is approved.
Bovine excrement.
First off, I am under no obligation to post any law to support my claims.
You are the one going around saying you cannot claim UI when on an EAD; you post the relevant statute or regulation that says you cannot. There's another poster here who made the ridiculous claim that getting UI would adversely affect citizenship. Again, put up or shut up. If you can make a prima facie case based on
statute and/or regulation that a legally present alien with work authorization can be either denied UI or this will adversely affect his/her Green Card, only then will I waste my time searching for the BCIS memo that explicitly states that UI does not make one a "public charge". At which point your apology will be graciouly accepted.
Second, I am not misleading anyone. I am telling you the laws and regulations as I understand them. I back them up - I've always stated my reasoning. For UI, the only qualifications are that you and/or your employer have contributed for long enough to be eligible, and that you are legally able to work. If you have a valid EAD, you meet the criteria.
Your lawyer has a different opinion. Good for him. On what grounds does he base this? You are paying him, so I hope you are getting your money's worth and asking him for the reasoning behind his opinion. Let me tell you a dirty secret - many folks (attorneys included) will say something no matter how much they know on the subject. They may be over-cautious when they do not need to be.
It's odd that your reputable attorney will file duplicate I-485s willy-nilly but doesn't want you claiming UI if you're entitled to it.
Answer me this: if you were a
derivative applicant, would claiming UI harm your GC? If not, what is the difference?