Can I file GC by myself?

B

by_Myself

Registered Users (C)
hello,
i've been this forum for couple months now and you guys' posts have been helping me a lot for my GC filing.
my H1B is expiring in 2years and i am thinking it's time to apply GC. right? it's not late, is it?

here is my question, (probably i missed a thread)
i've read many posts here, but it sounds to me nobody is filing GC by themselves, but hiring attorney to do it. is that right?
if it is so, why is that? i can not file GC by myself??
because I've prepared and filed my H1B visa by myself and got it. (i know it's supposed to filed by employER. i am working for small company and i prepared everything :D )

same thing, can i do GC without attorney? becuase my boss won't hire attorney due to expensive fee, even if he baddly needs me :o

thank you in advance.
 
You sure can do it by yourself - the reason most people hire attorneys is because of the legal complexities and time involved as well as to be 'assured' that their application is being handled by a competent professional. If you do hire an attorney, make sure the attorney is recognized by AILA - the American Immigration Lawyers Association.

Also, you are free to pay for the attorney yourself - the employer does not need to pay if the employer does not wish to.
 
mar2004 said:
You sure can do it by yourself - the reason most people hire attorneys is because of the legal complexities and time involved as well as to be 'assured' that their application is being handled by a competent professional. If you do hire an attorney, make sure the attorney is recognized by AILA - the American Immigration Lawyers Association.

Also, you are free to pay for the attorney yourself - the employer does not need to pay if the employer does not wish to.
Click to expand...

PERM Process is too easy and documented. File it yourself. It does not make a difference if your case is st forward.
 
XG well said! The attorneys are good for dealing with the government officials. Even if you hire an attorney, you still have to know what's going on/be on top of the process...especially as it is you who know your job/situation/company best!
 
mar2004, ram-ram, xg121960. thank you for the reply.
it's great to hear something from someone when you ask something on this kind board, isn't it? :) i love this. dont you?

ok, let me bother you guys once more,
yes i totally agree with what you saying. that's right, what i am paying is what i'm getting. however, total cost will be around 6k - 7k, is that correct?
let me say and ask couple things,

1. I couldn't ask my boss to check DOL or USCIS everyday, but maybe every two weeks?.. or once a month. and he could do that for me. will that be problem?
2. I could prepare GC required documents accordingly as PERM regulation. yes it will take more than two times longer. as i said i did once for my H1B :o). Is there any hidden paper which only attorney knows? so i could miss?
3. don't you think it's more than 6k worth doing this by yourself? yeah it will kill myself... i was almost dead when i filed my H1B, revalidation, my friends', my my wife's H4,....
4. have you guys filed H1B by yourself? how much or how many times do you think it's difficult than H1B filing?
5. same question, my H1B will expire in May 2007. it's not late to start GC, is it?
6. I, a non-immigrant-temporary-worker, am feeding US citizens by paying Social Security fee from my paycheck. Don't take my money until you give me GC!!!!

ignorant questions.... ,but please help me out

God Bless,
 
oh, it could be another issue!

i am stilling waiting for you guys' opinions. :D

however, i just read couple thread about work experience count.
my company is my H1B sponsor and now i am planning to file my GC with same company. in this case, i can not use my 4-5 yrs experience with this company for BS+5yr exp under PERM? then i should apply BS+0 exp if i want to work for this company? should i quit my company and apply to a different company if i want to apply BS+5yrs exp?

what if my boss changes his company name and location in different state?(there is a behind story for this situation)
i guess the sponsoring is by person, not company name. right?

Mmm... Not easy...

i hope to hear something from you soon.
:)
 
just checking

i know you guys are busy and have lots things to do...
just let me know when you have any chance to answer some questions here. :D

i hope y'all are in good shape.
 
You can use experience with the same company if those experience/job duties differ 50% or more from the duties for the job for which certification is being applied for

According to the PERM regulation, p. 77354, PERM:
"allows the employer to show the alien was hired in or contracted to work in a different job for the employer, but the employer must prove the job in which the alien gained the experience is not substantially comparable to the job for which certification is being sought. A ‘‘substantially comparable’’ job or position means a job or position requiring performance of the same job duties more than 50 percent of the time. This requirement can be documented by furnishing position descriptions, the percentage of time spent on the various duties, organization charts, and payroll records."

(http://ows.doleta.gov/foreign/pdf/PERM_Final_Rule_12-27-04_FR.pdf)
 
am i understanding correctly?

mar2004 said:
You can use experience with the same company if those experience/job duties differ 50% or more from the duties for the job for which certification is being applied for

According to the PERM regulation, p. 77354, PERM:
"allows the employer to show the alien was hired in or contracted to work in a different job for the employer, but the employer must prove the job in which the alien gained the experience is not substantially comparable to the job for which certification is being sought. A ‘‘substantially comparable’’ job or position means a job or position requiring performance of the same job duties more than 50 percent of the time. This requirement can be documented by furnishing position descriptions, the percentage of time spent on the various duties, organization charts, and payroll records."

(http://ows.doleta.gov/foreign/pdf/PERM_Final_Rule_12-27-04_FR.pdf)
Click to expand...

Dear mar2004,
i really appreciate for your information.
but, am i understanding this requlation correctly or what?

i have been working for company A and trained and gained work experience in company A since i graduated US university in 2000. so i can count that as my BS+5yrs work experience for the same company. can't i?

if i can, i will use it for my LC process and my sponser will be the same company "A".
i can not use it for same job position in company A? but i can use it for different job posion? is that what regulation saying?
if it's different job position than what i have been working at, how can i use this experience for different job position?? what is the point?

am i understanding it right?

:confused:

or am i confusing you?
 
by Myself

I love that you are plugging away at this yourself. I basically prepared all the documents for my LC, I-140, and I-485 myself (and for 3 dependents).

Here is the trick I used - hourly consultations with an AILA lawyer - four hours in total @ $70.

Meeting 1. Tell me the process and tricks for my case - confirm that I am eligible for EB2 and that I must use LC process
Meeting 2. Show lawyer completed LC application before submission
Meeting 3. Show lawyer completed I-140 application before submission
Meeting 4. Show lawyer completed I-485 application before submission

Most lawyers will hate this but there will be a few who will take the money on an hourly basis. It is really not that difficult (a few traps the lawyer pointed out). I received my physical green card about 18 months after submitting LC application. In my honest opinion, you don't need to spend thousands to hire a 'mouth'.

Sorry I can't help you with EB3 issues - try searching the forums for posts on progressive experiences.
 
PERM self filing

Since PERM is significantly faster, easier, and more streamlined than the old labor process, why not try filing yourself working with your employer and see what happens. For PERM, you can supposedly track your status online like you can with the H-1B and for the GC, the priority dates are posted in online DOS monthly bulleting, keeping you updated when you GC should be processed. Based on the online PERM tracking and DOS piroority dates, your employer can make some calls based on these. Keep in mind, lawyers are as inexperienced with PERM as us. Consult a lawyer once or twice prior to starting the recruitment process and discuss the job description and job advertisement. Then your HR or supervisor can do all recruiting and file PERM themselves. The PERM form is extremely straightforward and simple and should take less than one hour to complete. The recruitment portion is something your employer already knows how to do, so I am not convinced that a lawyer is needed for PERM. I consulted a lawyer, and we spent 1 hour on my job description and the job advertisement to ensure that it is reasonable in the eyes of the DOL based on my occupation. Then we agreed that my HR (I work for a small employer too) will recruit and file PERM. Following PERM I will consult the lawyer again for an hour or two to either address the GC application if PERM is approved or the next step if PERM is audited or denied. PERM is much easier than an H-1B filing since PERM requires no supporting documents, but only recruitment and a recruitment report and the electronic application, something employers do anyway when they hire. If you have a couple of years left on your H-1B, why not try filing PERM yourself and see what happens. You can always file again 6 months later hiring a lawyer to do it, should you screw this one up.
 
thank you thank you

stevphel, bjorn,
thank you very much for the posts.

your comments really encourage me alot. :)
yeah, let me try some... and see what happens.

by the way, i am still looking forward to seeing answer for my questions.

take care, guys.
 
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