Help on withdrawing lawyer and 485 case.

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bzx2003

Registered Users (C)
Hello everyone, I got my I140 last July from TSC (NIW), and I moved to Boston. However, our lawyer still filed our 485 (me and my husband) to TSC in last November. We insisted to withdraw and file to VS since then to the lawyer, but they insisted transfer our case. Now 7 months passed and our case is still in TSC. The lawyer threaten to remove from our case as my email to them is not polite. We are in the middle of AC140 process as our native country is China and Guangzhou seems accept AC140. However, we have not heard from Guangzhou to see whether our case has been accepted yet. So we want to withdraw our 485 case from TSC by ourselves and file to Vermont.
I have learnt that if we withdraw the case ourselves, we dont need to fill a new G28, just write a plain letter stating withdraw the 485 case and G28 form, is this right? I will really appreciate if anybody has this kind of format or draft.
Is it safe to withdraw and file to another center? I am worried that TSC will accidently cancel our approved I140 also.
In addition, in the new 485 form, we should state that we have filed 485 earlier but withdrew it as it was filed to the wrong service center?

Thanks a lot for your help.
bzx
 
bzx2003 said:
Hello everyone, I got my I140 last July from TSC (NIW), and I moved to Boston. However, our lawyer still filed our 485 (me and my husband) to TSC in last November. We insisted to withdraw and file to VS since then to the lawyer, but they insisted transfer our case.
--- it was correct why you want to withdraw it should be Transfer request fromTSC to VSC remember once you Transfer it delay the process

Now 7 months passed and our case is still in TSC.
---many have for 2-3 years what is new?
The lawyer threaten to remove from our case as my email to them is not polite.
---lawyer CAN withdarw representing you for I-485
We are in the middle of AC140 process as our native country is China and Guangzhou seems accept AC140. However, we have not heard from Guangzhou to see whether our case has been accepted yet.
So we want to withdraw our 485 case from TSC by ourselves and file to Vermont.
------- you should NOT withdraw if you want you can request the file to be Transfred to VSC, If I am in your situation I will not withdraw or request the file transfer to VSC, I will just write to TSC with copy I-485 filing reciept to change the address on pending I-485
I have learnt that if we withdraw the case ourselves, we dont need to fill a new G28, just write a plain letter stating withdraw the 485 case and G28 form, is this right? I will really appreciate if anybody has this kind of format or draft.

------ you can hire Your lawyer in Boston and file G28 through him and he will represent you for your I-485, he can also send request to transfer your pending I-485 to VSC, you should go to lawyer and discuss with him
Is it safe to withdraw and file to another center?
------ Let it remain with TSC
I am worried that TSC will accidently cancel our approved I140 also.
---- TSC will not cancell your I-140
In addition, in the new 485 form, we should state that we have filed 485 earlier but withdrew it as it was filed to the wrong service center?

Thanks a lot for your help.
bzx
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Thanks very much Ginnu for your advice.
But I am a little confused for some issues in your reply. Are you suggesting that I should leave the pending 485 in TSC as it is, and hire a new lawyer, send a G28 to TSC for changing lawyer, and ask the lawyer to file a new 485 for us to VSC? Or now we have to wait for our case to be transfered to VSC?

Thanks.
Xue
 
bzx2003 said:
Thanks very much Ginnu for your advice.
But I am a little confused for some issues in your reply.

Are you suggesting that I should leave the pending 485 in TSC as it is, and hire a new lawyer, send a G28 to TSC for changing lawyer,
---YES so that new lawyer gets the RFE if any for your pending I-485, becase he will be representing you
and ask the lawyer to file a new 485 for us to VSC?
-----NO, I advice let the I-485 be pending with TSC and let the lawyer inform them about your NEW address ON your I-485
Or now we have to wait for our case to be transfered to VSC?
------ I will not request the transfer from TSC to VSC becase requesting transfer it may delay the approval, but if TSC transfer your I-485 to VSC( with out your instructions) then you cant do anything if TSC feel that it should go to VSC let them do it.

* keep renewing your EAD or AP filing with the service center where your I-485 is pending, even if you are in Boston apply with TSC.
If you are still on H1 status then H1 ,H4 extensions has to be filed in VSC becase you are working under VSC area


Thanks.
Xue
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