My company will not do concurrent filing - who are they to put themselves above INS

J

jazz8003

Registered Users (C)
Hi I work for this company in CA and have been working with them for the last 3 years. I am really really pissed off with them. First they said I have to wait one year before I can start my GC. After 1y they filed my GC but said per company policy they can only do it non RIR. I finally got my labor cleared last week after 2 years (nonRIR). Now they are saying they will not do concurrent filing of I-140 and I-485. I asked to hire my own attorney and for them to transfer my file but they said Labor certification is company property and they will not release it to me.

I have following questions:
1. Is there any way I can insist them to file concurrent. After all if the laws of the country allow it, who are they to place themselves above the laws of the country?
2. Is there anyway I can get them to release me my labor certification so I can file I-485 on my own.
3. My company lawyers say I am not their client as they are getting paid by my employer. Can I say I have serious issues (as the beneficiary) since they are representing me to INS without having my best interests at heart? At least they have serious conflict of interest issues?

Please advise, I have been working for this company for 3years now and am really tired of the games they play. Also the company is not doing very well and has downsized over the last 3 years from 250 consultants to only 75 consultants now, so I am scared they may not be around much longer. I have a safe and secure project and can be billing for atleast 2 more years which is the amount of time left on my H1.

Thank you to all responders.
 
This may not sound good but these are the facts:

Since your employer pays the attorney, he represents your employer, not you. The attorney has your employer's best interest, not yours. That is the way it works. Even if you hire your own attorney, he has to work with your employer and the employer is under no obligation to accept your attorney's advise. Unfortunately your employer controls your immigration process to a certain extent. If he does not want to file a petition that suits you (but not necessarily him), you cannot do anything about it. Try to find out why your employer is dragging his feet. If he feels that you will quit once you get a GC, try to convince him otherwise.
Your employer is definitely not violating any law in this country.
 
Originally posted by jazz8003
Hi I work for this company in CA and have been working with them for the last 3 years. I am really really pissed off with them. First they said I have to wait one year before I can start my GC. After 1y they filed my GC but said per company policy they can only do it non RIR. I finally got my labor cleared last week after 2 years (nonRIR). Now they are saying they will not do concurrent filing of I-140 and I-485. I asked to hire my own attorney and for them to transfer my file but they said Labor certification is company property and they will not release it to me.

I have following questions:
1. Is there any way I can insist them to file concurrent. After all if the laws of the country allow it, who are they to place themselves above the laws of the country?
Cool down !!!, it's not law that eveybody has to file concurently, that's just option, and i read on same forum some company only go for step by step process if their fincial statement are doubtable or may be there are chance to reject I-140 so they don't want to file I-1485 with that
2. Is there anyway I can get them to release me my labor certification so I can file I-485 on my own.

You don't need Labor certifcate for I-485 filing anyway directly.
Let them file I-140 by company lawyer, once they get I-140 receipt get the photo copy of that recipt and then hire another lawyer to file I-485 concurrently using I-140 receipt
There are some small issue

A. you need to wait till they get I-140 receipt
B. you need to get hold of that recipt photo copy, but for that you need to be ready for some hard time, becuase they might not let you get I-140 receipt copy very easely, if they are despreate enough for not let you file concurrently.
C. Anyway if you are planing to use AC21 you need to get hold of Labor certifcation photo copy or may be the advertisement or something describeing your job profile.

3. My company lawyers say I am not their client as they are getting paid by my employer. Can I say I have serious issues (as the beneficiary) since they are representing me to INS without having my best interests at heart? At least they have serious conflict of interest issues?
for Labor you are the only beneficiary
For I-140 you are the joint applicant but it's your company's application
and for I-485 it's your application
If you are realy fed up with this company don't take risk by going through I-485 / Ac21, but go through CP option, which would be rather quick and good for you I think

Good luck


Please advise, I have been working for this company for 3years now and am really tired of the games they play. Also the company is not doing very well and has downsized over the last 3 years from 250 consultants to only 75 consultants now, so I am scared they may not be around much longer. I have a safe and secure project and can be billing for atleast 2 more years which is the amount of time left on my H1.

Thank you to all responders.
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Hi JBM and NKM, thank you for your responses and advice. I am not looking for GC to change jobs, because I have a very safe and secure project which will go on for atleast 2 years or more. I know this kind of project will be impossible for me to get outside. Also I am enjoying my work and learning new skills, am treated very well at work and am a team leader now. I am basically worried that my company may go bankrupt before my GC comes if they do step-by-step. I even offered to give them a signed commitment to work with them for 1 year after my 485 is approved, but still they wont agree. I havent asked for CP option, but I am sure they will find some reason to reject it.

There must be SOME way we can make our voices and our frustration heard. But I agree, it is all in the hands of the employers.

Oh well, go through with it and hope it works out OK. If not, I am still happy to go back to India.
 
Originally posted by jazz8003
I even offered to give them a signed commitment to work with them for 1 year after my 485 is approved, but still they wont agree. I havent asked for CP option, but I am sure they will find some reason to reject it.
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Get the I-140 receipt, or a photocopy. Once you have it you can file the I-485/131/765 ON YOUR OWN. The company cannot stop you from concurrently filing.
 
But keep this in mind that if your I-140 is denied, all your money spent on Attorney ()if you hire one), Medical, I-485/765/131 will go waste.
 
Originally posted by TheRealCanadian
Get the I-140 receipt, or a photocopy. Once you have it you can file the I-485/131/765 ON YOUR OWN. The company cannot stop you from concurrently filing.
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Not completely true. You still need your employer's employment letter to file 485. Employment-based GC is designed to benefit the employer, so we are all screwed.
 
Company filed 140 only

I am in same boat. My company only filed 140 though I asked for concurrent filing.
I am thinking to file 485 myself (hoping to get I140 copy and employment letter). Can any one suggest whether we can file 485 myself . I think I would spend $1000/- even if I do not hire lawer.
 
jazz8003,

Try to find a employer who has approved labor with them. Ask your client to hire you from that vendor. Most of the clients agree for this kind of vendor change. Join the new company and apply concurrently. I have seen some postings in this forum itself that said they have approved labor and willing to sponsor GC for guys with projects. If that employer is in an area that falls under say Vermont Center, it'll be even better as the processing in such centers is very fast.
 
Re: Company filed 140 only

Originally posted by sn99
I am in same boat. My company only filed 140 though I asked for concurrent filing.
I am thinking to file 485 myself (hoping to get I140 copy and employment letter). Can any one suggest whether we can file 485 myself .
Sure, you can file I-485 by yourself, it's not big deal, mostly people hire lawyer to file greencard (LC/ I-140/ I-485) becuase they are not familiar with the process or compnay is paying for it or to deal with REF => get peace of mind, so if you comfortable filing I-485 by yourself you should go for it, in worst case if you get REF, you can hire lawyer at that time

Good luck
I think I would spend $1000/- even if I do not hire lawer.

You might have to spend that much money anyway for medical, I-485 fees for you and your family.
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Can anyone tell me format of Employment letter , I need to get from employer, to file 485.

Is there anything else I need from employer besides employment letter and copy of I-140.

Reading 485 form , I found that I need to enclose copy of medical certificate from INS approved doctor, DOB certificate copy. Is there any other thing to be enclosed with 485 application .
Can I apply EAD/AP later as I completed only 4 1/2 years on H1.

Thanks
 
Hi jbm, YeeManChen, everybody else, thank you very much for your responses, I really appreciate your suggestions. However my questions are not in terms of what I can do to go behind my employers back.

I am enquiring about the law itself. My understanding of law is that denial of a privilege that is allowed by law MUST be against the law. My companys rules and procedures CANNOT be above those of the INS or the US Congress. They CANNOT deny me rights or privileges provided to me by INS and the US Congress. Any legal beagles out there?

ALSO my companys lawyers are committing serious breach of ethics if they are representing me (not just to INS but in any forum whatsoever) without having my best interests at heart. They have serious conflict of interests.

Any opinions?
 
Originally posted by jazz8003
Hi jbm, YeeManChen, everybody else, thank you very much for your responses, I really appreciate your suggestions. However my questions are not in terms of what I can do to go behind my employers back.

I am enquiring about the law itself. My understanding of law is that denial of a privilege that is allowed by law MUST be against the law. My companys rules and procedures CANNOT be above those of the INS or the US Congress. They CANNOT deny me rights or privileges provided to me by INS and the US Congress. Any legal beagles out there?

ALSO my companys lawyers are committing serious breach of ethics if they are representing me (not just to INS but in any forum whatsoever) without having my best interests at heart. They have serious conflict of interests.

Any opinions?
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Ask yourself this question: For whose benefit did the congress enact the employment based immigration laws? One basic fact is that the employer controls your immigration process to a great extent, not you. Labor certification is employer's property, not yours. The green card process is primarily for employer's benefit. The law favors the employer in these circumstances.

A privilege is not a right, you cannot demand it. For example you get paid salary for doing work, which is a right, you can demand it. A upscale club membership is a privilege, you cannot go to court if your employer does not offer it to you. It is not your right.

I am sorry if I sound pessimistic. Again, you should work with your boss and find out what their reluntance is all about. Maybe they had a bad experience with another employee. You should argue the case on the strength of the value addition that you bring to your employer.
 
You are realistic. I think in many cases, employer may be legally sued but employess fear as they do not want to do anything which may put them out of status. Besides the immigration laws are so obscure and INS works with its speed.

How the employers came with the policy of making intentional delay by not filing 485 concurrently. In my case employer made me to sign the bond for 3 years to file the GC or pay the lump sum fee of $x if I leave before 3 years. So I am paying them for my GC, indirectly. Since I am paying for that service , I have right that the service is properly handeled with no intentional delays.

Again:
Can anyone tell me format of Employment letter , I need to get from employer, to file 485.

Is there anything else I need from employer besides employment letter and copy of I-140.

Thanks
 
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