Please Help! Preparation time frame for EB-1 EA with lawyer

D

DavMarr

New Member
Hi,

I started the preparation of my petition for the EB-1 EA with a lawyer about 9 months ago. I completed gathering a dozen recommendation letters from people from various universities and companies and provided all the information that my lawyer had asked for about 3-4 months ago.

I have been emailing my lawyer from month to month to ask for the status of my petition filing. Every time I have been told that they are working on it and that they will have everything ready for submission as soon as possible. I have not been able to obtain some time frame from my lawyer...

Being on a limited period of practical training and having no reference as to how long the preparation process usually takes for lawyers, I am somewhat stressed out by the lack of a time frame from lawyer.

Could you please tell me whether I am being too impatient or if my lawyer is not caring enough for my case? How long does it typically take for lawyers to prepare everything?

Thank you for all your help.
 
Ideally, it should not take more than a month (max) once your lawyer has all the documents ready.

This is actually very unfortunate with lawyers. I had the same problem with my lawyer and I eventually decided to self-petition. Later on, I learned from my GF (who is now an immigration lawyer) that I could file for fee arbitration (free service offered by the local Attorney association) and recovered half of the money I paid.

In your case, I would suggest that you send him an email stating that it has been too long and you would like to have your case submitted before (put your target date). And also, state your reasons why it is important that your case is submitted by your target date. You should also tell him if he is unable to meet this target date, you would like to request a refund for your unused services and would like to switch to a different law firm.

Please KNOW YOUR RIGHTS:
First of all, it is unethical for lawyers not to respond your case within a reasonable time frame. At some point, you can also state that he has responded your case beyond reasonable time frame and you can take him to the state ethics committee (believe so easy process- this scares hell out of lawyers)

Please make sure you have all the copies of your corresponces with your lawyer.

In immigration matters: lawyers charge flat fee but this doesn't mean that they don't have to put their hours into it. They CANNOT escape by saying that it was a flat fee service (there is an expected xx amount of time they have to put to charge that flat fee).

Actively pursue your rights but before you do that try to communicate again in good faith with your lawyer and explain urgency of your case.
Unfortunately, some of the immigration lawyers operate under the assumption that people on visa are scared death to pursue their rights against a lawyer. Believe me justice system works in your favor if you pursue your rights and substantiate your point with evidences. That's what happened with my case!

Good luck
 
my 2c:

(i) call him up - if you email someone urgency does not show up. Ask to talk to him. If an admin answers tell her that you are his CLIENT and you will like to talk to your attorney and it IS of utmost importance.

(ii) Explain the OPT issue to him.

(iii) Ask him when he think it can be filed reasonably - get a time frame.

(iv) Email the gist of your conversation to him and to someone else (even your own email) saying thank you and as per our conversation blah blah blah and PUT down the date he mentioned. This is for protecting your rights.

(iv) See whether that date is okay with you - if not have a firm date and tell him that (have plenty of time for USCIS mistakes) they may not say they recd the petition, they might lose it. At least it should be one month before the end of your OPT. So if you have to refile you have time.

(v) I would hold off on threatening, bringing up legal issues, protecting your rights, etc on the first conversation. He is never going to refund your money and to keep it he will file your petition. You do not want him to FILE A HALF ASSED petition.

(vi) personally I would have fired him a long time ago. I talked to three lawyers before self petitioning - they told me that it will be a month (as blueone ssays) after I get them all the documents. But they did not give any guarantees. I didnt like the one-sided deal. 9 Months after letters is a long time - are you not even concerned that the letters may look OLD now. You are a patient man - immigration is no issue to be patient about. Also, you should mention what his name is and your experience with him in this forum after your dealing is done, so others will not suffer the same way you did.

Good luck and keep us informed of the developments.
 
Thank you both for the quick reply and all the great advice!! I will contact him. Also, just to clarify it has been 3-4 months since I provided all the letters... but it is still way too long!!
 
In my case it took roughly 2 months. because he did not move fast to get the relevant form signed from our university. or else this would take less than 2 months if all the letters are provided.
After getting the letter they write the final cover letter. It does take some time for them. but not 3-4 months.
like others said send him a firm reminder and see how it goes.
 
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