Never blindly trust a lawyer. Always do your own research.

J

Jackolantern

Registered Users (C)
Somebody I know just got his labor approved after being stuck in the backlog center since 2004. He has a Masters and over 20 years experience, and the job is a senior management position ... but he just found out the labor was filed as EB3. If it was EB2 he could file 485 right now because EB2 Rest of World is current.

Until now, he didn't understand EB3 vs EB2 or what is a priority date, and just let the lawyer handle it. So not surprisingly, the lawyer chose EB3 because it is easier to get that approved, and there wasn't a problem with priority dates in early to mid 2004. But if it was me with those qualifications, I would have insisted on EB2. There can hardly be a better case for EB2 than this, and you never know what could happen to priority dates in the future even if they are current right now.

So a lack of understanding cost him 1, 2, or more years of extra waiting. He hasn't personally made it hold him back too much, as he even bought a house to live in and another one as investment. But now his wife still can't work for at least another couple of years (PD is early 2004).
 
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you would think lawyers like doctors will take care of your interest and do what is best for you, but some lawyers do care and most others do not.
i was asked $2500 to file a response for a NOID on a 485 application. its pretty straight forward case and i have all the relevant documents, yet the lawyer i spoke to was claiming that they have study my case and its lot of work so they charge $2500. i mean it would not take even a paralegal more than 4-5 hours to prepare the letter for AC21 and collect the relevant documents and post it to INS...
so much for lawyers...i think the people who are making money in the whole immigration fiasco are USCIS and lawyers...its raining cash for them
and of course companies with pre-approved labor....it's left me wondering how is it worth to have a clear conscience???
 
Lawyers

In the medical profession, there are those who consider lawyers(esp. Trial Lawyers) as a necessary evil and those who feel they are just plain evil!
Though there are many that serve a larger interest, too many come across as money grabbing opportunists, and sometimes as just plain inept, sometimes giving foolish advise. I feel my experience was with one of the latter.
I am one of those people who is paying a price for naively trusting my initial lawyer, who I subsequently got rid of. How I wish I had been aware of this website in 2002 and not just listened to "learned advise".

I had a willing employer and an open/shut case for a physician NIW as I was doing a J1 waiver. I was advised to file an NIW toward the end of my waiver since my time would be captured. Little did I know then that there was something called a retrogression monster or that something called a priority date matters. As if to worsen my ache she advised me there was no need to file a LC based petition since it would take approximately the same length of time. Wrong on both counts. Hence I remain stuck in this backlog with a 2005 PD hoping for a legislative solution to this mess. If I made such a mess of an elementary decision and called my self a "specialist" at that, I would probably be sued and likely have to settle. No such fears afflict our legal eagles.
I am sure there are countless such examples of problems. Yet this immigration system continues to feed that type of unregulated inefficiency, practices bordering on extortion and ineptitude. Each immigrant holds his/her nose at the stench of it until he/she is liberated to move away from it.
 
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Agreed ..

Jackolantern said:
Somebody I know just got his labor approved after being stuck in the backlog center since 2004. He has a Masters and over 20 years experience, and the job is a senior management position ... but he just found out the labor was filed as EB3. If it was EB2 he could file 485 right now because EB2 Rest of World is current.

Until now, he didn't understand EB3 vs EB2 or what is a priority date, and just let the lawyer handle it. So not surprisingly, the lawyer chose EB3 because it is easier to get that approved, and there wasn't a problem with priority dates in early to mid 2004. But if it was me with those qualifications, I would have insisted on EB2. There can hardly be a better case for EB2 than this, and you never know what could happen to priority dates in the future even if they are current right now.

So a lack of understanding cost him 1, 2, or more years of extra waiting. He hasn't personally made it hold him back too much, as he even bought a house to live in and another one as investment. But now his wife still can't work for at least another couple of years (PD is early 2004).
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Jackolantern,

Thanks for pointing out this ugly truth. I totally agree with you. I have always maintained that we immigrants have to be extra cautious about the information that is given to us and the processes that are handled for us by others (lawyers, company reps etc). To many times I find applicants and even experienced people display blind faith in this system and its administrators and practitioners. Any criticism of the process is considered to be conspiracy theories. People try so hard to find logical reasons for everything when in reality there are a lot of gray areas.

As cynical as this may sound, I never trust any update from a lawyer and even USCIS till I have written proof that can be verified in court. Maybe it comes from personal experience but one can never be too careful. The key is to watch out for ones own interest at all times and not rely on others to do the right thing. Things may work out in some cases but in a good number of cases, immigrants are left holding the bag. The immigration process is especially prone to abuse and mismanagement because there aren’t any checks and balances and there are so many loop holes that can be twisted in some many ways. Pretty much any abuse can be countered by lawyers and USCIS. If you are stuck in “Name Check”, there is the Security issue. If your labor is stuck in BEC, its a lack of resources, if you ask for a clear explanation of the true reasons of retrogression you are given vague updates that can be interpreted in thousands of ways, if your category is messed up by your lawyer or firm then its your fault for signing on the dotted line before filing. The list can go on and on …


Cheers,

saras
 
Jackolantern said:
Somebody I know just got his labor approved after being stuck in the backlog center since 2004. He has a Masters and over 20 years experience, and the job is a senior management position ... but he just found out the labor was filed as EB3. If it was EB2 he could file 485 right now because EB2 Rest of World is current.

Until now, he didn't understand EB3 vs EB2 or what is a priority date, and just let the lawyer handle it. So not surprisingly, the lawyer chose EB3 because it is easier to get that approved, and there wasn't a problem with priority dates in early to mid 2004. But if it was me with those qualifications, I would have insisted on EB2. There can hardly be a better case for EB2 than this, and you never know what could happen to priority dates in the future even if they are current right now.

So a lack of understanding cost him 1, 2, or more years of extra waiting. He hasn't personally made it hold him back too much, as he even bought a house to live in and another one as investment. But now his wife still can't work for at least another couple of years (PD is early 2004).
Click to expand...

ARE YOU CRAZY???? U MUST BE A MAD FELLOW!!!

WHY BLAME LAWYER FOR RETROGRESSSION? Well, if retrogression had not happened...U would have been sitting here praising your lawyer's good work!! Hee Hee

WHY THE HECK ARE YOU POSTING THIS MESSAGE FOR YOUR FRIEND?? AS IF YOU ARE NOT DUMD ENOUGH ....U ARE SHOWING ANGER/FRUSTRATION FOR YOUR FRIEND'S SCENARIO??

HAVE YOU HEARD OF PERM??? HAVE YOU HEARD THAT APPROVAL COMES THROUH IN AROUND 60 DAYS??
HAVE YOU HEARD OF I-140 PREMIUM PROCESSING?? HAVE YOU HEARD THAT I-140 GETS APPROVED IN LESS THAN 30 DAYS??

SO, IF YOUR FRIEND IS NOT DUMB ENOUGH - DID HE EVER THINK OF FILING EB2 in PERM/Premium Processing?

- SO THE MORAL OF THE STORY...U ARE SITTING HERE WHINING ABOUT A FRIEND - WHO CAN'T WAIT FOR 90 DAYS???

U are dumb....and wasting time on this forum....and blasting your lawyer for all the wrong reasons! Think, before you post!!

Being qualified for EB2 ROW - U don't know the agony of retrogression...Ask Indians or EB3 ROW folks...they will tell you true agony of retrogression....

I hate to be critical of your comments...but heck, you are just whining for a delay of 90 days or so...

Be smart and file in EB2 ROW in PERM.....and come back and make us jealous that U got your GC in less than 6 months !!! (U already wasted time by not filing since Sept 2005 - when retrogression first struck??) GET LOST!
 
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banta4gc said:
ARE YOU CRAZY???? U MUST BE A MAD FELLOW!!!

WHY BLAME LAWYER FOR RETROGRESSSION? Well, if retrogression had not happened...U would have been sitting here praising your lawyer's good work!! Hee Hee
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The lawyer is to be blamed for not explaining EB3 vs. EB2 and the pros and cons of each, given that the case could have been filed either way. It is only now that they can't file 485 that the lawyer is explaining it.

This post is not a whine about anything. It is a warning. Other people in a similar situation would have a far worse result if they let this happen or blindly trust their lawyer on other aspects of the process.

And I am not posting about myself. I already filed 485 in 2005.
 
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Jackolantern said:
The lawyer is to be blamed for not explaining EB3 vs. EB2 and the pros and cons of each, given that the case could have been filed either way. It is only now that they can't file 485 that the lawyer is explaining it.

This post is not a whine about anything. It is a warning. Other people in a similar situation would have a far worse result if they let this happen or blindly trust their lawyer on other aspects of the process.

And I am not posting about myself. I already filed 485 in 2005.
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What the lawyer did, was a smart thing in 2004...why file in EB2 ...when EB3 was current in 2004? Don't blame him for a smart decision!

I would blame your friend...what has he been doing since Sept 2005??....so many of my friends...went back and called their lawyers...enquiring what their labor application was in ...in EB3 or EB2??...and took appropriate steps of abandoning EB3 and re-filing in EB2 in PERM...
That's the thing your friend didn't do - bad decision! When the facts about retrogression were in (since Sept 2005), your friend wasted time almost an year and half, just waiting for labor to get approved! I would squarely blame you friend!

Lawyers are wastefellows!...everybody knows that...they screw up lot of things...But, in your friend's case...Your lawyer did everything right - to benefit your friend!

Times are bad, my friend.... A good decision in 2004 ...can easily become a bad decision in 2005!
 
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The applicant is to blame ..

Jackolantern said:
The lawyer is to be blamed for not explaining EB3 vs. EB2 and the pros and cons of each, given that the case could have been filed either way. It is only now that they can't file 485 that the lawyer is explaining it.

This post is not a whine about anything. It is a warning. Other people in a similar situation would have a far worse result if they let this happen or blindly trust their lawyer on other aspects of the process.

And I am not posting about myself. I already filed 485 in 2005.
Click to expand...

Jackolantern,

In your friends case I tend to think that he was a little naive. He should have researched EB2 vs EB3 himself. One can never count on a lawyer for everything. Most of them are running a business and a majority of them will do whats fastest and most efficient. It is really upto the immigrant to think of his/her own best interest. I know its hard in the beginning because very few immigrants know all the laws. By the time we learn about these laws, its usually to late. Hopefully the new wave of immigrants will do a lot of their own research and not depend solely on the lawyer for advice.

regards,

saras
 
You go Man!...


banta4gc said:
ARE YOU CRAZY???? U MUST BE A MAD FELLOW!!!

WHY BLAME LAWYER FOR RETROGRESSSION? Well, if retrogression had not happened...U would have been sitting here praising your lawyer's good work!! Hee Hee

WHY THE HECK ARE YOU POSTING THIS MESSAGE FOR YOUR FRIEND?? AS IF YOU ARE NOT DUMD ENOUGH ....U ARE SHOWING ANGER/FRUSTRATION FOR YOUR FRIEND'S SCENARIO??

HAVE YOU HEARD OF PERM??? HAVE YOU HEARD THAT APPROVAL COMES THROUH IN AROUND 60 DAYS??
HAVE YOU HEARD OF I-140 PREMIUM PROCESSING?? HAVE YOU HEARD THAT I-140 GETS APPROVED IN LESS THAN 30 DAYS??

SO, IF YOUR FRIEND IS NOT DUMB ENOUGH - DID HE EVER THINK OF FILING EB2 in PERM/Premium Processing?

- SO THE MORAL OF THE STORY...U ARE SITTING HERE WHINING ABOUT A FRIEND - WHO CAN'T WAIT FOR 90 DAYS???

U are dumb....and wasting time on this forum....and blasting your lawyer for all the wrong reasons! Think, before you post!!

Being qualified for EB2 ROW - U don't know the agony of retrogression...Ask Indians or EB3 ROW folks...they will tell you true agony of retrogression....

I hate to be critical of your comments...but heck, you are just whining for a delay of 90 days or so...

Be smart and file in EB2 ROW in PERM.....and come back and make us jealous that U got your GC in less than 6 months !!! (U already wasted time by not filing since Sept 2005 - when retrogression first struck??) GET LOST!
Click to expand...
 
GreenCardVirus said:
In USA, it is considered impolite/rudeto post in all upper case letters or even bold font.

Just in case you did not know.
Click to expand...

hmm....looking for an argument?? No thanks!
 
saras76 said:
In your friends case I tend to think that he was a little naive. He should have researched EB2 vs EB3 himself. One can never count on a lawyer for everything. Most of them are running a business and a majority of them will do whats fastest and most efficient. It is really upto the immigrant to think of his/her own best interest.
Click to expand...

My case is a strange one.

When I was applying for Labor, both EB3 and EB2 were current. I casually asked my HR contact to file my case in EB2 even though I wasnt very particular about it.

So, the lawyer filed for Labor and after 22 months, it got approved. During this period I never tried to ask what category my labor was filed in.

A month or so after labor was approved, I applied for 140 and 485 concurrently. At that time both EB2 and EB3 were still current. Approvals were coming in very fast. There was an active tracker on this forum following all approvals. Based on the tracker, my 140 was due for approval but my case was not touched. After few weeks, I was becoming uneasy and asked my HR to send me copies of Labor Certification and 140 Notice. It was then I realized that my case was filed in EB2, not EB3. At that time, EB2 140s were taking longer time than EB3 140s.

Later came retrogression. I was then stuck in Name Check.

I have been in US for 9.5 years now, went thru 3 labor certifications. I dont know if I can consider myself as lucky overall, but certainly very lucky for getting into EB2.
 
banta4gc said:
hmm....looking for an argument?? No thanks!
Click to expand...

Certainly not!! Just sharing info.

I had a pink shirt when I first came to US. A desi girl once told me that wearing "pink" is considered gay here. So I stopped wearing it.

Some wise man said "Be a Roman in Rome"
 
saras76 said:
Jackolantern,

In your friends case I tend to think that he was a little naive. He should have researched EB2 vs EB3 himself. One can never count on a lawyer for everything. Most of them are running a business and a majority of them will do whats fastest and most efficient. It is really upto the immigrant to think of his/her own best interest. I know its hard in the beginning because very few immigrants know all the laws. By the time we learn about these laws, its usually to late. Hopefully the new wave of immigrants will do a lot of their own research and not depend solely on the lawyer for advice.

regards,

saras
Click to expand...
saras and banta,
I totally diasgree that the lawyer did the right thing.
I am in the exact same situation: my lawyer filed EB3 in 2004, and being not so familiar with immigration laws as I am today (for which I can qualify as a paralegal :) ), I did not know this till much later. Luckily I was not so ignorant that I did not ask them to file RIR.
But isn't this what you pay a lawyer for? If a doctor gives you a wrong diagnosis and even if it does not potentially harm you much, just wait for 2 years to get the correct medication, he could face a lawsuit. You are not expected to do research on your condition to make sure the doctor is doing his job, just provide him with all the info. But then again, lawyers have never been regarded the same as doctors for professionalism, or even competence.

I have 3 MS degrees from US universities and 3+ years experience, and the job also clearly required a graduate degree, so there was no question that this was deliberate on the lawyers' part (he is not that retarded that he could not have known), based no doubt on HR's communication that they wanted to delay it as much as possible.

When perm started, I told my company to file a new perm LC. They refused, so I offered to pay for it. After dragging out advertising and recruiting for 10 months, and $6000 later (from my pocket), they "suddenly" identified a USC candidate and refused to continue with the perm application on the grounds of "integrity". I asked them why they didn't replace me with this candidate, but they had no answer. It was clearly a lie.
I even found out later when I pressed them that they had withdrawn the application much earlier without even informing me.

Today, while people with PDs in 2005 are getting approved, I am still stuck in PBEC.
God only knows when I will be able to file my I-485.
In the 5 years it will probably take, if I lose my job, I will have to leave the country in 2 weeks, after 14 years here.

My crooked and incompetent lawyer doesn't even bother to do his job efficiently: the 45 day letter was replied to at the last possible minute, same with reinstatement of erroneously closed case by PBEC.

Moral of the Story: Never trust a lawyer.
If he works with you, consider that a bonus, but never count on it.
I learned the hard way - the very, very hard way.
 
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banta4gc said:
What the lawyer did, was a smart thing in 2004...why file in EB2 ...when EB3 was current in 2004? Don't blame him for a smart decision!
Click to expand...
EB3 in and of itself was not a bad decision at the time. The point is that the lawyer didn't inform him of the options and potential consequences until after the fact, not simply that the lawyer went with EB3.

And yes, my friend does share some of the blame for not doing his own research, thinking "the lawyer is an experienced professional, he will take care of it just fine." Hence this warning to do your own research and question the lawyers when you have any doubts or concerns. Your case is just one line item in the lawyer's case load, but to you it represents the course of the rest of your life.
 
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You are 100% correct

My Immigration process started on April 2003 with Non-RIR Labor. Very first day I asked her about EB2 but she said it is same for my country. Then she advertised straight six months and filed RIR on November 2003. At that time it was only eight months for MA SESA. That labor went to M*F*.....PBEC. The this stupid lawyer asked me to file PERM again under EB3 to recover date from earlier labor but I did agree. For PERM I asked her to file under EB2 but she thought it would be fine. By the time my PERM EB3 (July 2005) got approved, the visa became unavailable. Now here I am wailting and waiting.............. Al most all of my friend started after me got their Green Card as they filed in EB2. Although I have master's degree in US I did able to use it due to my lawyer.



I already spent $ 15,200 us dollors including lawyer and processing fees.

Thanks good luck to all.

Thanks





Jackolantern said:
EB3 in and of itself was not a bad decision at the time. The point is that the lawyer didn't inform him of the options and potential consequences until after the fact, not simply that the lawyer went with EB3.

And yes, my friend does share some of the blame for not doing his own research, thinking "the lawyer is an experienced professional, he will take care of it just fine." Hence this warning to do your own research and question the lawyers when you have any doubts or concerns. Your case is just one line item in the lawyer's case load, but to you it represents the course of the rest of your life.
Click to expand...
 
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Perm08

You should delete the 2nd half of your post.
Read the warning in red letter at the top of this page.
 
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