HELP: Lawyer not paid by company

P

patience=gc

Registered Users (C)
Hi all,

I think my employer has not paid my lawyer for the I-485 stage of the application. Here's the question with an imaginary scenario:

IF I get an RFE (hopefully not) it will be sent to lawyer, correct?? When I see it online if the lawyer rejects all my phone calls, etc... can I respond to the RFE myself or with new lawyer? Or does the original lawyer on the G28 have to be the respondent?

How should I proceed, I want to be prepared for worst case scenario.

Thanks for your input.
 
Originally posted by gc=patience
IF I get an RFE (hopefully not) it will be sent to lawyer, correct?? When I see it online if the lawyer rejects all my phone calls, etc... can I respond to the RFE myself or with new lawyer? Or does the original lawyer on the G28 have to be the respondent?
Click to expand...

Please note that for the I-485 stage, the attorney represents YOU, not the employer. Your employer is not a party to the I-485 proceeding.

If you are concerned about your attorney's response to an RFE, find out now what they attorney will do. If you do not like the response, be proactive and find a new attorney NOW, before any RFE and get the new attorney to file a G-28.

If the I-485 paperwork has been submitted the new attorney's fees should be quite low.
 
Thanks Real Canadian,

The I-485 was already filed back in May 2002. I talked to my attorney last year and she said they had not paid her and the fees amounted to around U$5,000.

Even if the case has been filed, are you saying that can I file a new G-28? Please confirm.


Thanks.
 
Originally posted by gc=patience
Even if the case has been filed, are you saying that can I file a new G-28? Please confirm.
Click to expand...

Absolutely. You can switch attorneys at any time, although some times are better than others. Before RFE is a better time to switch than after RFE. ;)

You may want to check if you have signed anything that makes you responsible for your attorney's fees. If not, and you are clear, you may want to work out an arrangement with your attorney that if an RFE comes in, you will pay her a set amount. She might want to continue based on the prospect of getting some, rather than no, money.

If not, find a new attorney and get the G-28 filed.
 
Are you saying that the lawyer told you that she hadn't got paid to file your I-485? It should be clearly understood by all parties (you, employer, lawyer) that who's gonna pay (and when, how much etc.) BEFORE the lawyer prepared your paperwork. What's going on there? She wouldn't help you because she hadn't got paid? (and yet she filed your I-485?) Unblievable! And now you are trying to find another lawyer (do you or anybody plan to pay the new lawyer, may I ask?) in case of RFE? Either this lawyer has been paid to take care of your case (RFE or not) or she wouldn't do anything for you at all. I'm confused...
 
Thanks for your kind responses.

here's the deal....

First, I have not signed anything saying I had to pay. It was understood (verbally) from the beginning that company was going to pay for all, no strings attached.

That said....

The lawyer charges by "petitions"... LC & I-140 got paid after filing.

Company is in a tough situation and after the lawyer filed I-485 she did not get paid. If I had the money I would pay her but unfortunately with 3 years and no pay raise :( it is tough right now.

I have not discussed this with my current lawyer, I wanted to run it by you guys first. If I hire a new lawyer or talk with my current one I would be the one responsible for paying, I believe this amount would be much less and I could afford it.

Hope it cleared the air a bit. :)
 
My view :

At this stage you do not need a lawer

Even for RFEs you have to reply. THERE is nothing a lawwer can help to turn the case against bcis.
 
Originally posted by gc=patience
Thanks for your kind responses.

here's the deal....

First, I have not signed anything saying I had to pay. It was understood (verbally) from the beginning that company was going to pay for all, no strings attached.

That said....

The lawyer charges by "petitions"... LC & I-140 got paid after filing.

Company is in a tough situation and after the lawyer filed I-485 she did not get paid. If I had the money I would pay her but unfortunately with 3 years and no pay raise :( it is tough right now.

I have not discussed this with my current lawyer, I wanted to run it by you guys first. If I hire a new lawyer or talk with my current one I would be the one responsible for paying, I believe this amount would be much less and I could afford it.

Hope it cleared the air a bit. :)
Click to expand...
Well it did clear the air, but just a bit :)
Are you saying she filed your I-485 for free and now you need to decide wether to continue with her or not in case of RFE? Just because she charges after filing, would she let you go without getting paid for filing the I-485? Oh I see, maybe she will charge extra if there's an RFE? But somebody has to pay her for filing your I-485 regardless, right?
 
i think you are ok...

...if you haven't signed any written contract with lawyer. Just wait and watch, if you get RFE, then you may negotiate the fees with your lawyer to respond the RFE. And if your lawyer doesn't agree or asks for 485 filing fee (which I assume, was supposed to be paid by your employer), then you can find another lawyer just to respond RFE.
 
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