Changing Attorneys

J

jupiter722

New Member
My I-140 has been pending since June 2002. My attorney said I would have to wait till the last day of projected time is up. So I did. But after that, I was not very happy with the way he followed up with INS. I indicated my displeasure. He got angry and he is resigning on my case. I have paid him in full for the entire GC process already.
I told it is fine if he has decided not to pursue my case but requested him to facilitate at least a smooth transfer. The new attorney wants to see copies of I-140 and ETA 750 A and B before he makes a decision to accept the case and my old attorney says he wants to see a G 28 copy signed before releasing the copies. Now I am stuck without any attorney for my case and I do not know if I get some RFE how do I go about? Could the previous attorney write to INS and withdraw his G28? What is the impact on my case in this situation? I have not heard anything from INS so far and it is almost one more week past the 240 days it says it would take maximum. Besides INS is processing Nov 2002 filed cases under the same category as mine. When I last called the INS myself on the 240th day, I was told by a good IIO, that this case has no reason not to have been adjudicated and that she would bring it to the supervisor's attnetion right away. Of course as I mentioned before, it has been one week since. I have not heard anything.
What are my options? My employer knows this situation and he has fortunately said he would support me with anything required of him.
Your advise would be highly appreciated.
 
Why are you in the middle of this? Your employer and the new attorney should have a conference call with the old attorney and that should be the end of the matter. Why not just have the employer and new attorney execute a G-28. Why doesn't the new attorney seem to know how to handle this?????

You need to accomplish 2 things:

1. Send a G-28 and follow up to register the new representation with INS.

2. Get the file from the old attorney. If there is a big problem, have the employer get the file and provide it to the new attorney. The employer is the client on these filings and the attorney MUST provide them with a copy of the file if requested. Make the request.
 
Spoke to at least 4 attorneys. Two didn't wanted to take the case up. Indications I got it's perhaps because there was not enough money it. One said, even though they would take the case up, they cannot guarantee that their G-28 will be matched with the file so soon allowing to pursue the case from here on. My specific questions were, "if I hire your services, will you be able to and allowed to by INS, to call up to check the status of my I-140 and also if you will be able to and allowed to legally represent and respond to I-140 related RFE if any?" I also asked if they can submit another original G-28 at the time of responding to RFE, if the INS says the attorney on file is different and the new attorney's G-28 has not reached the file? No one could guarantee.
In the meanwhile, I am also wondering whether my initial attorney, by law, has obligations to see me thru the case since he has already taken entire fee.
 
You can't hire an attorney for the I-140, your employer needs to do that. You can select the attorney, and even pay them, but the employer needs to sign the G-28. Then it is just a matter of following up with INS to ensure that they received and processed the G-28. It's a pain but it needs to be done.
 
Thanks Jim,
Is there a fax number to which I can ask my employer to fax to inquire about my case status and also do you think the BCIS will respond to it at all?
 
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