Help: lawyer wants to withdrawn from I-485 case

H

haiyan8318

Registered Users (C)
Our lawyer wants to officially withdrawn from our I-485 case because the primary changed job half years ago and we don't want to file AC-21 as she suggested. What's the impact if she really does that? Does anyone have the same experience? Is there any good ways to prevent her from doing that? Please advise.

Haiyan

ND: 06/02/02
FP: 04/02
changed job: 11/03 :confused:
 
Why?

Why do you NOT want to file AC21?

I don't think it is going to effect your case in anyway. If you want a new attorney, you will have to file a G28 Form(If I remember correctly).

If you have already paid this attorney for the whole process, ask for a refund.
 
Call USCIS customer service and inform them(try to talk to service center folks), that your attorney is not XXX. Confirm it after a day or two that changes have been made.

Next follow WaitinginQ's advise - go get a nice lawyer and fill G-28 - he/she will get all the relevant documents from old lawyer.
 
thanks for the advices

thank you all for the advices. My concern is that will the lawyer send a letter to USCIS to inform the job change? Will that affect the application?
 
It won't affect your case as long as your I-485 case has been pending for more than 180 days, and you have an approved I-140,a nd the new job is comparable to the job with which you filed your Labor Certification.

You are in good shape. Stick with the lawyer, and file AC-21 as (s)he suggests. Its better to tell them up front, than to have to explain it at an interview at the local office, and you have no time to file AC-21 at that point.
 
Hi
One Question. Is there any chance that, If employee withdraw I140 after approving more than 3 years, Is that going to effect I485 Process.

Thanks
 
questions

We are trying to stick with this lawyer. The reply from her office asking us the following questions. They said that these questions are important facts for them to know to understand our current situation.

Their questions are:
Do you have a new employer who is sponsoring your case?
Do you have a new attorney who is currently working on your case?

Can anyone know what is their expectation about the above questions? The fact is : we have a new employer, but it's a staffing company. My husband is a full-time employee in that staffing company but doing contract job for their client. We don't have a new attorney.

Thanks,
Haiyan
 
If your lawayer was paid for by your previous company, then it is very likely that your lawyer's client is your company, not you. And since you are not the client, currently, he wants to make you sign something that says that you are now the client in order to continue working for you.

He is probably asking these questions, because, since you left the company, he is no longer obliged to help you, if his client is the company, not you.

Does this help?
 
I agree with curiousGeorge, If company paid to him then its not his/her responsibility any more. They will charge you to represent you and they will file AC21 on your behalf. The question bothering me is
"Do you have a new employer who is sponsoring your case?"

All you need is a new employer , not an employer who sponser you.....


Raju
 
raju99,
Good point.
By "sponsoring" I think the lawyer is implying "Paying legal fees, etc". The lawyer wants to be sure that there is someone who wil pay him, since the old company surely will no longer pay him. That's my interpretation.
 
Whether you are employee of staffing company or software company it does not matter. As long as you are doing the job one similar to your old job it should be OK. If you want to continue with same attorney it is ok. But there is a chance that he might have an agreement with your old company. So in that case you may need to choose different attorney. But I do not understand why you do not want use AC-21 when It is perfectly legal to use AC-21.

Why does your attorney do not want use AC-21? Since I-485 is your application you can ask her not withdraw the I-485.
They can revoke I-140 but it does not have any affect on your case but you need to exercise AC-21.

Do not hesitate to change attorney if she is not keeping your interest in her mind. Whoever pays her, they paid her to get you green card. It is her responsibility to guide you properly. If she does not then she can withdraw
 
After I changed jobs I am continuing my 485 process with the same lawyer. since the lawyer also represents my old company and the company paid for the GC I made sure the company had no issues if I continued with the same lawyer
 
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