Help!!!..Kindly Suggest

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rajeshGC

Registered Users (C)
Hi All,
I seek your advice.Thanks for your time in advance.

I filed for my 485 in July 2003.So it is over one year since I applied for AOS.

The company who filed for my GC laid me off a year back and ever since then I am working with another company in the same jurisdiction.We have not notified the BCIS about AC21 but it won't be a problem if the RFE is raised.My question here is that can my previous company create problems in my GC.Also can the previous company and the lawyer together plan something against me.If yes what are my options.

Also is there a possibilty that any notice that my lawyer recieves from BCIS mightn't be forwarded to me at all.I mean am I at risk?Also is there a document I need from my lawyer when I go for my stamping.

Also I would like to know that if a RFE is generated,would I be informed (BCIS has my latest address)? and also can I respond to RFE or only lawyer has to respond.

if there is approval notice,would I also get it and can i stamp my GC without the help of Lawyer of previous company.

Kindly advice.
 
Originally posted by rajeshGC
Hi All,
I seek your advice.Thanks for your time in advance.

I filed for my 485 in July 2003.So it is over one year since I applied for AOS.

The company who filed for my GC laid me off a year back and ever since then I am working with another company in the same jurisdiction.We have not notified the BCIS about AC21 but it won't be a problem if the RFE is raised.My question here is that can my previous company create problems in my GC.Also can the previous company and the lawyer together plan something against me.If yes what are my options.
Click to expand...
I think you should talk to the lawyer for your previous employer and discuss if they are willing to represent you - basically to hang on to your file and contact you if an RFE is raised. They should have no problem since there is no work involved and your AOS should be completely paid for by your previous employer. I don't really think there is a conspiracy against you.


At this stage you don't need the previous employer or their lawyer's approval for anything. The only danger is if they revoke your I-140, that *may* create problems with approval down the road. Make sure you know the I-140 EAC # and check online to see if that still shows an approved status. I think AC21 cases are at a higher risk for an RFE since an employer has to notify the INS of H1B terminations. You can respond to the RFE yourself or get your previous lawyer to do it (if they agree to) or hire a new lawyer to do it.
Also is there a possibilty that any notice that my lawyer recieves from BCIS mightn't be forwarded to me at all.I mean am I at risk?Also is there a document I need from my lawyer when I go for my stamping.

Also I would like to know that if a RFE is generated,would I be informed (BCIS has my latest address)? and also can I respond to RFE or only lawyer has to respond.

if there is approval notice,would I also get it and can i stamp my GC without the help of Lawyer of previous company.

Kindly advice.
Click to expand...

RFE notice goes to the lawyer. If you get an RFE, your previous employer's lawyer may not want to represent you and you may want to hire another firm to file the AC21 related stuff. I am not sure about stamping but I think your courtesy copy will be fine.
 
Originally posted by rajeshGC
Hi All,
I seek your advice.Thanks for your time in advance.

I filed for my 485 in July 2003.So it is over one year since I applied for AOS.

The company who filed for my GC laid me off a year back and ever since then I am working with another company in the same jurisdiction.We have not notified the BCIS about AC21 but it won't be a problem if the RFE is raised.My question here is that can my previous company create problems in my GC.Also can the previous company and the lawyer together plan something against me.If yes what are my options.

Also is there a possibilty that any notice that my lawyer recieves from BCIS mightn't be forwarded to me at all.I mean am I at risk?Also is there a document I need from my lawyer when I go for my stamping.

Also I would like to know that if a RFE is generated,would I be informed (BCIS has my latest address)? and also can I respond to RFE or only lawyer has to respond.

if there is approval notice,would I also get it and can i stamp my GC without the help of Lawyer of previous company.

Kindly advice.
Click to expand...

If you filed your 485 in July 2003, it's only a month since you filed, my friend.
 
It makes no sense to revoke an approved I-140 but employers do it due to
1) stupidity
2) incompetence
3) just to get back at you
4) all of the above
and they can do it anytime before the GC is approved. However, in this case INS' lethargy actually helps since a notice about a approved I-140 will be at the bottom of the pile and will not be picked up for quite a while.
http://murthy.com/UDrevapp.html
 
question to waytoolong...

Hi,

I am in a some-what similar boat like RajeshGC.

Could you please explain more, about responding to RFE without an attorneys help?

Guys, do you really think its possible to reply to RFE without an attorney (if you have all the necessary documentation including the RFE copy)?

Please reply.
 
well that depends on the RFE, doesn't it?

There are no legal obstacles that prevent you from replying to your RFE. For a straightforward RFE like BC or medicals, you end up doing all the work anyway. All a paralegal does is FEDEX that stuff to BCIS.

If you don't want to hire an attorney, you can still consult one by setting up an interview and explaining the details of your RFE and they will instruct you what to do.

For AC21 related RFEs I strongly recommend using a good attorney. I cannot stress this enough.
 
Thanks waytoolong!

Edison,DengDeng,ar888,realcanadian,mavishka,patiencegc and others...

Any Ideas and/or comments??
 
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